China's Environmental Research, Basic Issues Of Public Interest Litigation

Today's world, the growing environmental crisis not only affected people's normal production and life, but also have been a threat to people's lives and property security and our economic and social harmonious development of the urgent need to seek coordination of resources, environment, and human development among the an effective way relationship, but China's current situation, the existing administrative authority of environmental protection-based model and can not really effectively deal with this problem, a major pollution incidents still occur, the public environmental benefits continue be infringed, environmental rights and interests of citizens are not effective protection and relief, environmental public interest litigation is produced under such a request, but, our country's environmental public interest litigation is in a stage of theoretical research, and many supporting systems are also in the research stage and practice of environmental public interest litigation has not yet been established, a lot of public interest litigation is not a reasonable solution, scholars increasingly called upon as soon as possible the establishment of environmental public interest litigation in our system. In addition, the establishment of environmental public interest litigation in our system is also the concept of scientific, development and build a resource-saving and environment-friendly society, the need to protect our country's democracy and rule of law and continuously push forward the process of China's need for a ring, this article is in this context of topics of doing.The broad structure of paper:1.A paper first analyzes the theoretical basis of environmental public interest litigation, a detailed analysis of the environmental rights theory, the theory of public trust as well as the right to appeal Theory in China's development, papers to be discussed by the rationality of its reference to China's Environmental Public Interest Litigation in the past, in order to The establishment of environmental public interest litigation to provide theoretical support.2.Environmental Public Interest Litigation in China is still at the research stage theory, in practice, interoperability is not strong, our paper analyzes the specific provisions of existing legislation to clarify existing laws and regulations, the environment is not suitable for public interest litigation related to the content, the main analysis the "Civil Procedure Law," "Administrative Procedure Law" and other relevant laws and environmental public interest litigation papers also carried out to define the relevant concepts, mainly including public, environmental welfare, and environmental public interest litigation and other related concepts..3.Paper analyzes the environmental public interest litigation two types of participants in the proceedings to determine eligibility, are discussed under the provisions of existing law the plaintiff, the defendant competent to determine the plight of the proposed combination of the concrete practice of China's attempt to identify China's environmental public interest litigation the plaintiff and the defendant criteria for determining eligibility .4.Paper analyzes the object of environmental public interest litigation on the relevant country's environmental public interest litigation to study the object of comparison, in the light of the actual premise of our country and strive to establish China's environmental public interest litigation environment, the object of public interest litigation environment for our environment more lay the foundation for the further development. Research ideas, this article attempts to analyze laws and regulations and case studies combine the analysis of specific cases before the processing and handling of results, in the process to seek relevant legal deficiencies, and further put forward a sound idea.5.Courts in environmental public interest litigation is still in the middle position paper analyzes China's current judicial practice, courts in environmental public interest litigation cases in the competence of positioning, the parties to break the traditional constraints of appropriate lattice theory, the maximum play the role of courts for environmental violations such cases to seek judicial relief barrier-free The main innovations in paper:Content, analysis of the Court in the judicial mode, the admissibility of the current environment such cases an obstacle to public interest litigation, through case studies, the current judicial practice, the parties arrive at suitable lattice theory, as well as a direct interest in determining the constraints on the plaintiff, but also two types of environmental public interest litigation in the defendant's established standards defined.The research methods, this paper attempts to use empirical analysis method to study the process of writing in the papers have carried out extensive and in-depth research, with a view to study the link to the greatest degree of reality in our country.