China's Environmental Public Interest Litigation System Construction

Since 20 centuries, with the large-scale development of industrialization and urbanization , the environmental pollution problem become more and more serious, and become a global problem. As a result, all countries carried on the specialized laws to deal with the environmental pollution problem and then build up the environment law system of to resolve environmental tort problem.The limitation of traditional litigation right to the qualified plaintiff makes it insufficient to protect the environmental public interest by judicial ways. So it is meaningful to establish our country's environmental public litigation.Starting with the concept and the basic theory of environmental public litigation, this article compares foreign legislations of environmental public litigation .Then analyzes the necessity and the possibility to establish our country's environmental public litigation. At the end of this article the author puts forward some consideration to establish our country's environmental public litigation .The traditional litigation theory that based on realization of the existential right seems unable to solve the new case of environmental right To realize the Judicial remedy of environment, It is necessary to break through the regulation of procedure requirement and institution design of the traditional litigation theory, to enlarge the criteria of the plaintiffs' qualification. The limitation of traditional litigation right to the qualified plaintiff makes it insufficient to protect the environmental public interest by judicial ways. So it is meaningful to establish our country's environmental public litigation.Starting with the concept and the basic theory of environmental public litigation, this article compares foreign legislations of environmental public litigation .Then analyzes the necessity and the possibility to establish our country's environmental public litigation. At the end of this article the author puts forward some consideration to establish our country's environmental public litigation...