Reflections On The Rule Of Law In Civil Action Of Environmental Public Welfare

In recent years, the frequent occurrence of environmental problems, environmental problems not only affect citizen’s health and well-being of life, children of the ten thousand generation of ecological environment relations, good ecological environment is the social stability, the people to live and work in peace and contentment, a necessary condition for sustainable development of the country. Our party from the fourth plenary session of the 17 th put forward the construction of ecological civilization, our party has been expected to ecological environment protection into the national strategic development, started to promote the public interest litigation system from the legislative level, with the implementation of the new "civil procedural law" and is known as "the most stringent environmental laws in the history of" new "environmental law" promulgated, and a series of environmental law enforcement, environmental public interest litigation system in our country was established and perfected.From 2012 to 2013, Taizhou of Jiangsu province environmental pollution case, because the amount of 160 million verdict, for our country’s compensation for environmental litigation history highest and caused a heated debate, the case for the development of environmental public interest litigation system is of milestone significance, is the environmental protection agency in environmental public interest litigation subject qualification confirmation, on the present situation of pollution of the environment appraisal process, use the experts assist people to appear in court and fee according to the instructions of identification, for 160 million pool, for Jiangsu province higher people’s court innovation compensation way, giving companies adjust production line and improve space, made a balance between economic development and environmental protection, the case reflects the law of value and its shows that the shortage of the existing environmental public interest litigation system, the subsequent environmental public interest litigation cases has a great significance, for our country provides practical basis for further perfecting the system of environmental public interest litigation, the case has also been included in the 2014 annual top 10 civil cases.The structure of the full text is as follows:The first part: summary of environmental public interest litigation system, this part of the concept of environmental public interest litigation system and expounds the main domestic scholars point of view, summarizes the general situation of the development of worldwide environmental public interest litigation and the status quo, on this basis, has been clear about the perfect existing environmental public interest litigation system in our country.The second part: the investigation to the environmental public interest litigation system abroad. Against the United States, Britain, India, Japan, Germany and France, understand the subject qualification, the six countries of share of related legal system and legal costs of evidence system, summed up the further perfecting the existing environmental public interest litigation system in China can draw lessons from the experience.The third part: in taizhou of jiangsu province environmental public interest litigation for legal interpretation. In the process of combing case development in the case of legal research value has carried on the concrete analysis, analyzed the case of existing the challenge of environmental public interest litigation system.The fourth part: put forward to perfect the system of environmental public interest litigation in our country, from the perspective of macroscopic to microcosmic, from establishing the special ring of court set up across the administrative areas, to further improve in the legislation of judicial provisions on environmental public interest litigation subject qualification, establishes the burden of proof system, perfecting the existing appraisal mechanism.