Study Of Environmental Litigation

With the rapid development of industrialization and urbanization, the phenomenon of environmental tort, which is caused by environment pollution and ecological destruction, has become a major social problem of our country. The objective of this thesis is to analyze the malpractices of our country's environmental lawsuit system and put forward some suggestions for constructing the system through discussing the general theory of environmental lawsuit combined with the study on the foreign countries' environmental lawsuit system. This thesis contains six parts as following:First, in Introduction, we explain the signifi study area, and the basic thoughts.cance of this topic selecting, theSecond, in Chapter I , we introduce the general theory of environmental lawsuit, clarify its definition, and analyze its features and categories. We define the term environmental lawsuit as the behavior of disputing between two opposite lawsuit parties on the real or potential damages of the personal right, property right or other legal rights resulted by the man-made environmental problems, and disposing in an organization with judgment function. The features of environmental lawsuit includes: 1. its aim is to get relief for the infringed rights resulted by environmental problems; 2. it is a comprehensive law system composed by different lawsuit systems; 3. it tends to lawsuit's procedural rights are socialized and its scope is extending; 4. the justice right tends to be extended also. Environmental lawsuit is a comprehensive law system which consists of different lawsuit systems. We can classify it from different views.Third, in Chapter II, we investigate some foreign country's environmental lawsuit system, including USA, Japan, Sweden, France, and India. We find that there are legal items of citizen lawsuit based on environmental right in all the five countries. Group lawsuit has become an important form of environmental lawsuit. In...