On The Environmental Public Interest Litigation

With the accelerated process of industrialization, environmental pollution and resource waste of the phenomenon even more prominent, rapid economic development is the cost of sacrificing the environment. Although the rule of law in China's environment has made rapid developmentin recent years, environmental protection legal system is gradually formed, the community itself more and more attention around environmental issues, environmental groups are also protecting the environment began to take an important role.However, China's environmental public interest litigation system has never been able to establish, from the judiciary to the academic community, from official to private, the argument continued, questions endlessly.While China's people, academics and administrative institutions to recognize the environmental public interest litigation has been recognized the urgency in our country, but from the ideas into its operations, it is still a long and arduous process.In recent years, environmental law, environmental public interest litigation academic theory can be described in full swing, theoretical results have sprung up. From the current situation, China's environmental law by the environmental public interest litigation system mainly focused on the following areas: the environment in some countries abroad, public interest litigation system, our environment, the scope of public interest litigation and the plaintiff by the qualifications of the case, China's environmental public interestLawsuit scope of relief available, the future of the environment should be the characteristics of public proceedings, legislative and judicial interpretation of the path path selection and so on.In addition, from a practical point of view the field, Guizhou, Wuxi and other places have established environmental court, is particularly worth mentioning is that in 2009 China Environment Federation, the subject of proceedings filed China's first Environmental Public interest litigation public interest litigation and the environment,environmental public interest litigation practice to a new starting point.China's current environmental legislation from the current situation, whether it is about environmental protection or resource protection laws, basically including the supervision of public and social terms, which can bring the environment as a basis for public interest litigation."Cleaner Production Promotion Law of the PRC," China's environmental legal system as an important part of the law and several provisions of which can be used as the basis for environmental public interest litigation filed.Path and the legal interpretation from the legislative path, the path of legal interpretation is more suitable for the current situation in China.According to the "Cleaner Production Promotion Law" in the relevant legal provisions, the legal interpretation of one by one in order to establish the "Cleaner Production Promotion Law" in the path of environmental public interest litigation in the case range, the plaintiffs qualifications, program characteristics, to further buildout of its path in the hope of environmental public interest litigation system for the construction of more contributions.