China's Environmental Law Introduced In The United States Environmental Citizen Suits Study

Environmental public interest litigation is an important environmental legal regime in the developed countries, which means any person, organization or governmental agencies may commence an action for legal relief against any person who is alleged to impair environmental public interest for the protection of the environment and resources. Today, environmental citizen suit in the USA is the most developed and ripe in the world. Therefore research on it will be helpful to environmental legal regime construction in China. The article focuses the environmental public interest on the environmental citizen suits of the USA.In this article, the author analyzes the necessity of establishing relevant rules on environmental public litigation, elucidates the importance of establishing such rules to finding solution to our country's environmental problems and to meeting the challenges entailed by entering into WTO(the World Trade Organization), in an accept to illustrate the urgency of establishing such rules in China. And there is an urgent need for the emergency of environmental public interest litigation. Therefore, China needs to establish the legal system of environmental public interest litigation with Chinese characteristics, by drawing on the legislation model of foreign countries. But in China, the system of environmental public interest litigation is also a "blank zone" in the present legislation. The protective function of our traditional action is limited on the environmental public interest. When the environmental public interest is violated, it always can't get the effective protection because of lacking for valid remedies, Simultaneously, the lack interferes with realizing the citizens' right to environment and restricts citizen to join in protecting environment and supervising the environment law enforcement. It is disadvantageous very much on our environmental protection and sustainable development.This paper dissects the necessity on setting up the system of environmental public interest litigation in China. The author believes that we can remedy the short of traditional law through this new form of action. It can consummate the relevant stipulation on citizens' right to environment and participation in the legislation, itbrings the immediate and effective judicial remedies foe environmental benefit, especial environmental public interest; it will realize the aim of maximum actionable value. Furthermore, this paper puts forward a lot of new train of thought on establishing the system of environmental public interest litigation in China, which is based on the system of environmental citizen suit in USA and combine our concrete states. Besides of stipulating this system definitely in the legislation and making it be a basic system in the law, the author also gives advice on the other aspects, in order to make it more perfect.