The Approach To Establish Environment Public Welfare Lawsuit System On Water Pollution Dispute

In recent years, with the increasing of population and rapid development of economy, the behavior of draining off sewage and water pollution happens frequently in the case of relative shortage of water resources in our country; and because of the flowing of water ,the effect of water pollution usually hazard to production, life, travel and other aspects of downstream areas,which not only causes large economic losses and serious ecological damage but also causes contradictions and conflicts between adjacent areas .These contradictions and conflicts cannot be solved effetely because our country has not established relative environmental public interest litigation, and the main reason of which is that we don't have enough pre-set institution namely the lack of legal basis of procedure.The main reason that our environment public welfare lawsuit cannot be build is the insufficiency of preset system; namely the lacks of legal basis. Law on the Prevention and Control of Water Pollution regulates that the disputes of water pollution prevention inter-area are charged by local people's government related to the water pollution or their common superior people's government to coordinate and solve. The civil law and Law on the Prevention and Control of Water Pollution regulate that the parties may request for damages. But the law makes no regulation for the legal effect of governmental coordination and programs of compensation. The legitimate interests of the victim of water pollution cannot be really guaranteed. Therefore, it is necessary for our country to establish a more scientific and operational environment public welfare lawsuit system.Through the investigation of the advanced experience of foreign countries,the United States has the world's most advanced and mature environmental public litigation system, The Clean Water Act mentioned any citizen can represent their civil litigation directly. This regulation provided legal base for water pollution disputes lawsuit. Japan's water pollution environmental public interest litigation causes the more improve the environment. It has formulated a series of laws for water pollution and providing legal basis for establishing a comprehensive water quality monitoring system and increases the sewage disposal of life. Some special areas control the total drainage. In order to direct the citizen litigation legislation explicitly environment, India solve a significant environmental disputes through public interest litigation court, and confirm the defendant expand the legality of prosecuting qualification requirements. The experiences of the establishment of environmental public interest litigation of water pollution disputes in these countries have profound significance for China.Thus, though the analysis of the status of water pollution dispute resolution mechanism in China and the advanced experience of foreign countries ,we attempts to find legal basis for the environmental public interest litigation of water pollution disputes from promulgated laws and judicial interpretation in China. The author puts forward own proposals of the qualification in environmental litigation, the court admissibility and other issues, and attempt to find the relevant legal basis aiming to some benefit for solving the problems in judicial practice.