On The Mediation System In Environmental Civil Public Interest Litigation

Since the reform and opening, our country’s economy to obtain the development by leaps and bounds, but at the same time with the environmental problems are increasingly highlighted.Civil environmental public interest litigation as the legal way to solve the environmental pollution, has been widely focused and discussed, including the civil environmental public interest litigation can apply conciliation procedures, theory and judicial practice there are different points of view for a long time.Although the supreme people’s court issued "the public welfare lawsuit judicial interpretation" article 25 the clear provisions of the civil environmental public interest litigation can apply conciliation procedures, but did not apply to the mediation procedure is able to explain the legal basis, methods, limit, etc. in order to make the civil environmental public interest litigation to better achieve the purpose of social public interests, the author thinks that it is necessary to conduct the thorough research to the civil environmental public interest litigation mediation procedure.Besides preface and conclusion, this paper will be divided into five parts:the first part is a basic overview of civil environmental public interest litigation, respectively, this paper introduces the basic concept of public interest litigation characteristics, as well as the existing normative documents involved in the rules of the civil environmental public interest litigation mediation procedure.The second part is the legitimacy of civil environmental public interest litigation apply conciliation analysis, secondly analyzed mediation program to the civil environmental public interest litigation apply three legal basis.The third part analyzes the reserves the right to initiate civil environmental public interest litigation of public welfare social organization, the administrative department of environmental protection, the procuratorial organs in apply conciliation procedures in their respective advantages and deficiencies.The fourth part, according to the public welfare lawsuit judicial interpretation stipulates that polluters must bear the civil liability of the species, analysing various civil liability is the limit of mediation and conciliation. The fifth part is the combination of the above analysis, for the perfection of our civil environmental public interest litigation mediation procedure put forward some feasible Suggestions.