Reconsidering And Remodeling On Environmental Litigation Mechanism

Environmental dispute is a special type of social disputes; it is the product of thedeepening modern environmental crisis and the constantly awakening public environmentalconsciousness. For the settlement of environmental disputes, in practice, a mechanism whichcombined litigation and alternative dispute resolution，or the multiple resolution mechanismwere used frequently, but review from the authority and thoroughness of the disputesettlement, environmental litigation played an important role among many solutions.Environmental litigation is not a separate type of litigation. Take the nature of theenvironmental dispute cases as standard; they can be divided into three specific types:environmental civil litigation, environmental administrative litigation and environmentalcriminal litigation. Focus on the concern of the public interest, by the comparative analysis ofthe foreign environmental litigation system of the American environmental citizen litigation,the German group litigation, British prosecutors litigation and the Japanese public litigation, itcan be found easily that every country has already built a environmental public interestlitigation system which suitable for their own national characteristics, but as for the plaintiffsto sue system, almost of them experienced a process from limited to relaxed gradually. Inaddition, the important impact of the environmental disputes resolution of the environmentalgroups also worth concern. By a comprehensive investigation of the reality of environmentaldispute settlement mechanism of our country,“difficulties prior to prosecution”、“difficultiesin course of adjudication”、“difficult implementation after the litigation”,are the highlightproblems which blocking the smooth settlement of the environmental disputes. So we musthave a clear idea of environmental litigation under the premise of public welfare, make effortsto promote the expansion of the qualification of the environment litigation plaintiff, reformthe provisions of environmental litigation fees, provide the special aging of environmentallitigation, encourage to tell and punish the abuse complaints, standardize evidence rules andidentify causality,pre-setting administrative processing, reform environmental cases collegiatebench, establish environmental litigation relief system and other aspects of systemconstruction. At the same time, promote the establishment of specialized accreditation bodyassessment of environmental pollution actively, improve environmental pollution liabilityinsurance system, increase the environmental administrative law enforcement, strengthen the environmental legal advocacy and establish joint implementation mechanism ofenvironmental decisions and other aspects of the supporting measures,they are also essentialto follow up.