Research On Establishing Public Interest Litigation System In China

With the rapid development of social productivity in China, the environment is getting worse and worse. Because of the limit of nation administrative management and the lack of traditional law system(including material law and procedural law), the environmental public interest can't get effective protection. Public interest litigation is such an effective way that it can resolve environmental problem, protect the environmental rights and interests of nation, society and public. It is one of the most important resort to achieve environmental rights and interests, protect environmental public interest in developed countries, but it still not establishs in China.Public interest litigation is a litigation to protect environmental public interest. It means that according to the authorization of law, any person or organization can bring an accusation against the behavior that infracts the public interest.Public interest litigation has been established for more than 30 years in U.S., and it is a mature system. This thesis aims to establish Public interest litigation system in our country using American experience for reference.The thesis is divided into 5 chapters: In Chapter 1, the author introduces the basic theory, including the concept,character,class and value of public interest litigation. In Chapter 2, the author analyses the doctrina base,economic base and the law base. In Chapter 3, the author introduces the experience of public interest litigation in U.S. , including the origin,development and system setting. In Chapter 4, the author analyses the necessity and feasibility to establish public interest litigation in China, and introduces the actuality of public interest litigation system in China. In Chapter 5, the author establishes public interest litigation in China using Amecican experience for reference.