Civil Environmental Public Litigation System

Civil environmental public litigation system for environmental protection and public interests and the establishment of a legal system, now has become the most important legal system in western countries, the protection of environmental public interest has played an important role. At present, China faces serious environmental problems, the threat to the social development and progress in China, the establishment of environmental public litigation system for civil environmental public interest safeguard is of great significance. Thesis studies the system in the United States and Germany's concrete implementation, with some specific case, analyzes our country civil environmental public litigation system of China's civil environmental public interest litigation system establishment is explored.Thesis is divided into four chapters. The first chapter, civil environmental public litigation system. The first chapter of the concept and characteristic of litigation, the civil litigation the concept and characteristic of civil environmental public interest litigation, the concept and characteristics are analyzed and the definition, and lays a foundation for civil environmental public interest litigation, the theoretical basis, the environment right theory is discussed, which will be in the environment right as a citizen's basic right in the constitution and relevant laws established for civil environmental public interest litigation, and provide the theoretical basis and the law of support. The second chapter to foreign civil environmental public litigation system was investigated .Select the two countries, the United States and Germany in their civil environmental public litigation system was investigated, and the environment for the civil litigation system provides some reference to the environment, the first American citizen litigation system formation and main contents, such as environmental citizen litigation plaintiffs Sue, lawsuit type, ruling content, litigation cost, secondly, to Germany group litigation system development as the starting point, the group of German environmental litigation system, and analyses the German environmental group characteristics of litigation system. The third chapter, China civil environmental public litigation system status. Firstly analyses the legislation of uncertain environment in civil litigation system, secondly, with specific cases in the practice of the difficulties encountered analyzed: civil environmental public interest litigation to mention, civil environmental public interest litigation to win. The fourth chapter on our civil environmental public interest litigation system establishment puts forward some assumptions,including civil litigation system of basic principles, legislation form and litigation mode and discusses the problems should pay attention to the discussion of litigation rights, the principle of equality, court guiding principle, public participation principle and state intervention and private "autonomy" combining the principles discussed, and then through the analysis that should admit the procuratorial organs, environmental protection organizations and individual citizens of the three main environmental civil litigation plaintiff qualification, in addition, the jurisdiction, the prepositional procedure, the burden, the limitation of action, performing these specific problems are analyzed.