Research On Environmental Public Interest Litigation

Now the condition of our environment is not very optimistic. This spring festival the Poisonous fog in most northern cities has ringed the alarm for us again. This year environmental protection also becomes an important topic of the NPC&CPPCC. The newly modified civil procedures law has adopted the environmental public interest litigation, which marked a big step in our environment protection. We have ended up the days in this legal blank. In fact, in the field of the environmental public interest litigation our judicial organs have made lots of practice and gained much practical experience. However our judicial organs face many problems and obstacles in their practices, For example, what is the standard of the plaintiff, how to arrange the burden of the proof and litigation cost reasonably. All this problems should be clearly stipulated in related law.The state organs and social organizations can file a lawsuit against the action of environmental pollution as well as the infringement of the consumer’s rights. This new act refers to our environmental public interest litigation. It is the first time for environmental public interest litigation to appear in our legal documents. For one hand we establish the environmental public interest litigation, for another hand there is no environmental rights in our lega1documents clearly. In our country, the absence of environmental rights made it difficult to file the public interest litigation. What is more, in the newly modified procedures law the standard of the plaintiff, the burden of the proof and litigation cost has yet not clearly be stipulated. The problems existed in the judicial practice have not solved perfectly. we have a long way to establish related system of environmental public interest litigation.There are five chapters in this paper. The first chapter is about the background and Theoretical basis of environmental public interest litigation. The second chapter elaborated foreign developed counters’ environmental public interest litigation. There are three section in this chapter introduced the environmental public interest litigation of American Germany and Japan respectively, in order to provide comparison between these three countries as well as experience for our judicial practices. The third and forth chapter are the highlights of this paper. In the third chapter mainly introduced the judicial practices in our country in the form of cases and also pointed the characteristic of the judicial practices in the field of environmental public interest litigation in our country. In the fourth chapter mainly analyzed the obstacles both legal and none legal factors. The fifth chapter is the end of this paper, on the basis of the former chapters and the challenges we have faced, brought forward the necessity of establishment of our environmental public interest litigation system as well as a few pieces of advice.