The Thoughts Of Environment Public Interest Litigation

In recently years, there is such a phenomenon:on the one hand, with the development of economic and social the environmental pollution is increasing and have been concerned by soceity, the increasingly frequent attacks about the environmental infringement dispute is different from general civil disputes, not only because of the complex reason of the dispute, but also that obviously against the interests of the public welfare; on the other hand, environmental public interest litigation twists and turns, environmental activists face much struggling, those responsible for the pollution incidents are often not due to law. In this paper, take the first case of Guangdong Province environmental public interest litigation case and the "Guizhou Environment first case of prosecution" as the subject matter, discuss the thoughts of China's environment-related public interest litigation. By writing this to promote a notion that environmental protection is not only a matter of the government, nor is the environmental protection department to solve the problem alone, it also needs the support of business, teamwork and community involvement, environmental public interest litigation system can look forward to further improved.This paper is divided into five chapters. The first chapter, the presentations of the case and the analysis of legal issues. Mainly introduces the two cases of public interest litigation cases of typical environment, and review the case, point out the legal issues involved, then for further in-depth discussion in the next.Chapter II, environmental public interest litigation surrounding the issue of membership for discussion, pointed out that China's current legislation on the status of the defect the plaintiff and made a perfect view, intended to expand the action of the main qualifications in the better protection of the public environment.Chapter III, analy the scope of the environmental public interest litigation, firstly analy the factors that affect in theory, then general the scope of the environmental civil and administrative litigation, clear which of the environmental damage can be sued and which does not belong the jurisdiction of the Court problem.Chapter IV, for the existence of environmental public interest litigation in the abuse of right of appeal and other non-standard problems, some guidelines recommend that in order to fully guarantee the right of citizens of the environmental action to prevent further arbitrary powers.Chapter V, by Essenting the Components of environmental violations, give people a clear understand of environmental violations, and further integrate China's Civil Law, the Environmental Protection Act and the tort law which will implement to discusse the issue of environmental tort accountability...