China Environmental Law Is The Introduction Of A Feasibility Study Of The Environmental Public Interest Litigation

As the pollution and damage to the environment has become a worldwide major problem which challenges the mankind's life as well as his development, such concepts as environmental rights and interests have been accepted in many developed countries. The environmental problem in our country has gradually developed itself to be a barrier to further economic development, with its influences upon people's life becoming one of the potential factors leading to social unstability. Protection of public environmental interest and citizen's environmental interests constitutes a major issue that China's environment laws face at present. As"no procedure, no rights"goes, the protection of environmental rights and interests meets the needs of litigation interest inbreded in the rights. Public interest litigation is one of the hot issues in legal research in recent years, however, its specific realization in the field of environment, that is, research on environmental public interest litigation, is relatively rarely done. The absence of protection ways through legal channels has led to inefficient protection of environmental public interest, simultaneously preventing citizens from extensively monitoring China's environmental administration. The paper intends to make a trial, systematic research on environmental public interest litigation, seeking the feasibility of establishment of EPIL under China's present litigation system as well as the specific construction of the system.The paper contains four parts. In part one, the author firstly makes an analysis on the causes for the emergence of public interest litigation as well as the relations, differences between public interest litigation and environmental public interest litigation. Obviously, the environmental rights and interests may be protected through the two channels, namely civil procedure and administrative procedure, but the traditional theories on procedure laws limit plaintiffs'qualification to only those who enjoy interests in cases, as regard to...