The Study On The System Of Japanese Environment Litigation

Baiscly, the environmental lawsuit system of Japan was divided into two parts includ administration lawsuit system and civil lawsuit system, under the forepassed duality legislation organizations. Scholars mostly studied it from the environmental protection lawsuit and public nuisance lawsuit,and now tending to unification.The heuristic procedure can be divided into three stages:the period of public nuisance lawsuit, the period of environmental protection lawsuit and the period of the right of environmental lawsuit,which perfectly developed by serious public nuisance problems,law colony, wide participation of all society and the influence of America.The environmental lawsuit system of Japan possesses three characteristics,include public interest,advancing interest and complexity interest etc, which has important effect on the society lives of Japan.The most distinctive of the environmental civil lawsuit system in Japan is the plaintiff, lawsuit, fitness proof responsibility system of ease.The premise of lodging lawsuit is the plaintiff fitness,there are the theories of conflict management,bearing arbitrarily and the selected drafting etc in Japan centering on the problem.The range of lawsuit requirement is indicated to it of court trials,which formed models including undifferentiated requesting,differentiated requesting,future requesting in practice.The key to make sure win or be defeated of a case is the burden of proof,the judgment created the methods about alleviating victims'proved responsibility,including the law of probability,consequence of plague, indirectly disproving.The environmental administration lawsuit is mostly registered as cancelling lawsuit,requesting lawsuit,residents'lawsuit, lawsuit be compensated by nation and others,cancelling lawsuit can exemplify mostly the characteristics of the environmental administration lawsuit,while it is used as the form of the environmental administration lawsuit at the most.So,the article emphasisicly introduces the cancelling lawsuit. Cancelling lawsuit in Japan can be divided into element investigation and entitative investigation,the first investigates principally the plaintiff's indict to make sure whether it is prerequisite of prosecutors,mainly include whether the administrative behavior of respondence is disposal, the plaintiff is Standardized and whether there is interest relationship to lawsuit. In entitative investigation,it mainly investigates the ascertaining of affirming facts and using law. Mostly exemplifying the characteristic of administrative lawsuit is the investigation of discretionary behavioral.The principle of Japanese administrative lawsuit also is validity investigation,but when the administrative behaviors significantly is beyond judicial discretion,the judicatory decides to use the thirtyth provision of the law of administrative incident to cancel it by misuse of authority by administrative behavior.Toward the problem in Chinese environmental proceedings,the enlightenment by studying the system of environment lawsuit of in Japan which perfects the system of environment lawsuit in China may include expanding further the plaintiff,pefecting the system of procedural request, implementing specific measures of alleviativing the plaintiffs' proved responsibilityby converting the evidence responsibility and expanding the range upon case conferred of administrative lawsuit.