Environmental Public Interest Litigation System Research

China is facing increasingly severe environmental problems, has been the center of all the economic expense of the environment in exchange for economic benefits, have seriously affected the country’s development potential, and even a threat to people’s lives and health. People have realized the urgency to protect the environment, but because of administrative measures have limitations in terms of environmental protection, and procedural law on the environment of China’s traditional protection of public interest is very limited, when the environmental public interests are infringed upon, could not find a valid legal remedies, resulting in lack of effective environmental protection of the public interest.Environmental public interest litigation to resolve environmental problems, protection of national, social and environmental interests in the basic form of the public and effective way. In the U.S., the establishment of environmental public interest litigation has been about 40 years, Japan, Germany and other developed countries have already established the rule of law has its own characteristics of the environmental public interest litigation system, but also in protecting the environment, preserve the environment and public interests have played an important the role. Practice has proved that the system is to exclude environmental public interest litigation against the environment, to achieve environmental interests, the public interest to protect the environment, maintain citizens’ lives, health, property and legitimate rights and interests of good living environment, an important means to meet the needs of social development is a new type of environment litigation. Therefore, China needs to establish environmental public interest litigation. In response to this theme, this public interest litigation on the environment has been studied.The first chapter focuses primarily on environmental public interest litigation as well as some related concepts, characteristics, environmental public interest are the definitions, characteristics, environmental public interest litigation concept, types, features and functionality, and with the class action, representative action difference. Lay the foundation for further discussion.The second chapter, describes the United States, Japan, Germany, India, environmental public interest litigation system, the basic situation of each country’s environmental public interest litigation system has its own characteristics, has its own focus, but they also have in common. Support from the environment after the introduction of five major public interest litigation system theory:theoretical environmental rights of citizens, Suzhiliyi theory, theory of public trust, and private litigation attorney trust theory theory.The third chapter describes the status quo of China’s system of environmental public interest litigation, including China in the environmental public interest litigation and the practice of environmental public interest litigation in the absence of institutional existence. Then, based on the status of China’s environmental public interest litigation, the establishment of environmental public interest litigation to explore our need for and feasibility.The last chapter, which is the focus of the contents of this article is on how to improve our environmental public interest litigation system to be, from the plaintiff’s qualifications, the substantive law, procedural law and the proposed support measures in four areas of environmental public interest litigation on our recommendations.Environmental pollution and destruction of a direct threat to our environment, threatening human to survive, to protect the environment and natural resources for building a socialist harmonious society, China should learn from foreign experience, based on their own facts, the establishment of environmental public interest litigation system as soon as possible.