Environmental Public Interest Litigation System Research

With the development of productive forces, air pollution, water pollution, forest reduced, ozone hole, etc. are a threat to human survival and development. Increasing environmental problems, led to the creation of a huge economic wealth, the production of their own way of soul searching, people's environmental values, moral and ethical concept is undergoing a profound transformation. For humans, the environment is essentially a social problem, it needs at all levels of society, the various components of the solution from all angles to provide the means and the efforts it. The rule of law in legal science as specified in the outcome of humanity, are conducting an active exploration. The concept of environmental public interest litigation is an awakening of environmental awareness of our public and judicial progress, and its widespread implementation of public participation in state affairs and supervise the management of public affairs, and expand on the environment of citizens to participate effectively in public affairs, and promote social fairness and justice, building a harmonious society and promoting the democratization of environmental decision-making process and improve the level of the rule of law, as well as the implementation of people-oriented, comprehensive, coordinated and sustainable scientific development concept, are of great significance.In recent years, the environment and public interests are not subject to judicial relief against the increasing number of cases, from the "Beijing's 100 Court incident" to "anti-Yuanmingyuan lake project", it is the face of the destruction of the living environment and can not pick up the effective legal weapons to protect their interests. Zhejiang University School of Law, Professor Zhang Jiansheng, at present China is still not the true meaning of the "public interest litigation," the public interest when the violations occurred, the citizens of public interest litigation filed in the justice system often can not find a legal basis can be invoked, exposed public interest litigation system in China's legislative gaps. The plight of environmental public interest litigation has its origins in the design of our current legal system deficiencies. In this paper, China's environmental public interest litigation in the difficult problem of the existence of the proceedings, the analysis of the plight of the traditional litigation environment on the basis of civil law and from law-related public interest litigation system and the legislative achievements made in China for an environmental public interest litigation cases from the real proceedings be resolved, it is necessary to establish a system of independent environmental litigation, environmental litigation in the Legislative Council to be a breakthrough. According to the establishment of the concept of special litigation system, the environmental public interest litigation has been a redefinition of the environmental public interest litigation to clarify the characteristics of the system, through the analysis of relevant institutions abroad, set out to create the environment in our litigation system, the feasibility and the possibility of further the special environment of our idea of building a litigation system, the relationship between the environment and to build public interest litigation system in the basic theory of the 12 conducted in-depth study and make their own opinion of the author.