Studies On Environmental Public Interest Litigation

There is a lot of theory about china's environmental public interest litigation ,but there are still many defects in the design of concrete technology and system.The relief object of environmental public interest litigation shall only for environment itself and Should not include any private interest .environmental public interest litigation concept in academic circles discussed quite a lot,but there are still many defects .the category of The public welfare lawsuit is Intersection of debate .This paper argues that environmental public interest litigation can be divided into civil environmental public interest litigation and administrative environmental public interest litigation .And the interests of others form of public interest litigation, his interests form of public interest litigation ,legal aid forms of public interest litigation are not exist. Compared with the traditional private interest litigation, the biggest characteristic of environmental public interest litigation is the uniqueness of environmental public interest purpose. In addition ,The expansion of the subject of litigation , preventation and Extension of validity of judgment are all environmental public interest litigation's unique features.The litigation and public interest litigation are two kinds of completely different litigation system ,environmental infringement claims and environmental public interest litigation are also two kinds of completely different litigation system.Whether the current litigation theory or direct stakeholder theory can solve self interest disputes. But it is not suitable for solving public dispute .The subject of environmental public interest litigation should be procuratorates, governments at all levels and their environmental protection administration authorities and environmental public interest groups. These subject of environmental public interest litigation also not is no obstacle .The subject of litigation that civil acts as is feasible in theory, but in practice is more harm than good ; We should not listed them as subject range.In addition ,environmental public interest litigation and traditional legal ideas exist many conflicts .This paper on the procuratorial organs role conflict ,administrative power and judicial power conflict, judicial negative socialist and move socialist conflict Shall coordinate and reasonable design .