The Research Of Environmental Public Interest Litigation In China

As resources and environment being opened and used more intensity by human, destruction of nature has become more and more serious, pollution sources that finally led to an increase in environmental problems in society today presented high-frequency out. Yet, the traditional sector developed in the absence of adequate environmental awareness and the concept of the state,These laws always be unable to adjust the environmental disputes,which lead to not deal with environmental disputes timely and bread seriously the law of the spirit of fairness and the principle of justice.Since the sixties and seventies of the last century,Countries around the world have established the environmental public interest litigation system of the new era needing, which extently make up for the defect of the Environmental Protection not in place .China has not to establish a comprehensive system of environmental public interest litigation, Environmental issues for this type of social public interest, because of its individual citizens have no direct interest, the plaintiff eligible for recognition, for being at risk of harm or damage to the maintenance of social welfare, the court door is closed to the citizens of the. But the fact remains that when mankind enters into social life and interests of the increasingly complex relationship between the increasingly diverse modern society, "Chief universal theory" of simply relying on the individual countries has been far from the main body can not adapt to a variety of social welfare to maintain, restore undermine the interests of the community order and added the executive power as a national force for the private use of judicial means to make up for the shortage is increasingly being regarded as a fundamental social inhibition a panacea for the damage.The typical case that the Songhua River water pollution incident of environmental public interest litigation is proceeded by three professors of Peking University is not accepted by the court ,which is introducted and analyzed In this paper.the combination of evidence and thought research methods are used to study and solve the problem.The paper explains the concept and characteristics of the environmental public interest litigation , analyzes the current status of environmental public interest litigation, And proposes the necessity and feasibility of establishing China's environmental public interest litigation in based on study the related systems at home and abroad,Finally, I reviewed the research of the scholars doing at home and abroad on the environmental public interest litigation, And proposed my innovational idea basing on them.