On Environmental Public Interest Litigation

After more than 30 years of openness and reform, China’s economic development has achieved fruitful results, the total economic development ranks second in the world, but China’s environmental situation has become increasingly severe. Air haze often occurs, water and soil are polluted, these continue to squeeze people to a bad living space,and green mountain and clear water are disappearing gradually. How to deal with the deteriorating environment to retain the original beautiful natural environment,which can not be avoided.We must become active to deal with heavy topic words. Environmental public interest litigation which can effectively protect environmental public interest emerged in context that in order that people have a healthy living environment. Legal subjects are granted right of action to compensate for the lack of administrative law enforcement departments of environmental protection, which can prompt they perform their duties according to law,and urge enterprises to consciously compliance with environmental laws. This paper is divided into four main sections:Chapter One:the definition of environmental public interest litigation. Environmental public interest litigation is litigation-related behavior that any prosecution body who want to protect the environmental public interest file a lawsuit against environmental violations,when the environmental public interest have been violated or may be violated, requesting the court force violator to stop the environmental violations which are occurring or likely to occur and assume legal responsibility. Semantic analysis of environmental public interest gradually leads to the definition of environmental public interest litigation, and to analyze the origin and development of environmental public interest litigation, characteristics and type of division.Chapter II:Visits of environmental public interest litigation in other countries. American established US citizen suit provisions, Germany established environmental groups litigation system, Japan established the populace litigation system, India established a unique environmental public interest litigation system, studying the environmental public interest litigation in other countries bring enlightenment for the construction of our system.Chapter Ⅲ:The analysis of environmental public interest litigation situation. Although China’s "Environmental Protection Law" and "Civil Law" formulate the provision of environmental public interest litigation system, only the general provisions of the system, detailed provisions for specific operations are absent.China’s environmental public interest litigation often not be accepted for the reason that not within the scope of admissible and so on, details is lack of clear legal provisions, and plaintiff eligibility limit is too strict.Macroscopic analysis is made for problems of judicial practice.Chapter Ⅳ:Advice of the environmental public interest litigation improvement. On the basis of learning from foreign environmental public interest litigation system, the plaintiff main qualifications should be open, and some suggestions of perfecting environmental public interest litigation system have been proposed,mainly includes case range, jurisdiction,the burden of proof and other specific aspects of the operation,and in order that our environmental public interest litigation system become more scientific and operational.