The Research On The System Of Environmental Civil Public Interest Litigation

With the large-scale development of industrialization and urbanization, the problem of environmental pollution becomes too serious and environmental protection becomes a hot topic.In recent years,though much progress has been made in environmental protection,we are still faced with a great challenge for the large population and limited resources in China.While the law stipulates criminal liability and administrative liability to punish environmental polluters,civil liability is not imposed on polluters who do great harm to the public environment.The deficiency in legislation poses a severe threat to environmental public interest.Environmental civil public interest litigation can provide remedies for the deficiency in administrative management and is an effective method to deter polluters and to protect environment.While it is not stipulated in China,it is essential to explore this system.Besides the introduction and conclusion,this paper contains the following four parts:Chapter One outlines the basic theory of environmental civil public interest litigation.Firstly,it introduces the concepts and characteristics of public interest litigation and environmental civil public interest litigation. Secondly,it explores the theory base of environmental civil public interest litigation using the vision of law.Thirdly,it elaborates on the function of environmental civil public interest litigation.Chapter Two provides experiences for China to learn,based on analyzing system of environmental civil public interest litigation in the related countries of the two main legal families. Based on the current situation of environmental protection in China, Chapter Three puts forward the necessity of establishing environmental civil public interest litigation,and explains the feasibility from two aspects: social environment and theory base.Chapter Four focuses on establishing the system of environmental civil public interest litigation in China.The detailed designs for this system are provided individually from the aspects of the bodies of the lawsuit, courts of the jurisdiction,procedural rules and so on.