Of The Theoretical Dilemma Of Environmental Public Interest Litigation

To protect environmental public interest is the core focus in construction of environmental public interest litigation, the system designing must focus on environmental interests itself, not to give up this purpose for convenience of legislation. "Environmental Public Interest Litigation" is the system that protects environment through improving some provisions in Civil Procedure, but this kind of system that based on the traditional theory of civil litigation could not escape the purpose of protecting private interest, including property rights and personal rights.Based on theoretical analysis, Environmental Public Interest Litigation is designed for protecting private interest, and its right of appeal is based on personal rights and property rights in civil law, which are far from the environment public interest. However, if the application scope of related theory is expanded, makes it also applies apply to other types of litigation, then the environmental social right which is the basis of environmental litigation could be derived from the environmental public interest.From the plaintiffs perspective, most scholars in China now draw on American citizen suit, advocating the Construction of "Environmental Civil Public Interest Litigation" system in China by relaxing the limits in Article 108 of Civil Procedure. But the primary purpose of civil action is to relief private rights, the plaintiff if the limits of standing was infinite relaxed, which will results in deviation from the basic theory of civil proceedings. Moreover, there are some special backgrounds of U.S. citizen suit. Therefore, the stangding system should be designed under the integrated environmental public interest litigation system in China, including individual citizens, NGOs and Prosecution.From the claim and the relief system point of view, under the basic theory of civil procedure, request for the protection of private rights and remedies must be the main part of the Environmental Civil Public Interest Litigation. For protecting the environmental interest, claim and relief system should be constructed under the integrated envrionmental public interest litigation, including the general infringers and for the environmental protection administrative department's claim, and the relief system, including the elimination of risk, eliminate prejudice, Restitution, supervision administration acts and abstract administration acts.