China’s Environmental Groups Filed Environmental Civil Public Interest Litigation Procedures Study

Since2005, China’s environmental public interest litigation theory and judicialpractice has considerable depth and extensive, academia and practitioners havereached a consensus environmental public interest litigation system to play theinitiative of the judiciary, innovation, environmental protection mechanisms.However, in the field of theoretical research, there is created independent of thetraditional three lawsuits, environmental public interest litigation system "and"environmental public interest litigation into the traditional three-litigation system "twovoices; in the field of judicial practice, environmental public interest litigation is alsofacinglegislation, the conditions for prosecution, prosecution time claims by the scopeof the case, litigation costs, burden of proof, evidence preservation and many otherissues.Therefore, study of existing environmental public interest litigation case, combinedwith the introduction of environmental public interest litigation legislative documents,analyze the common problems in the environmental public interest litigation cases,in-depth specification, refinement of the environmental public interest litigationprocess, looking for the environmental public interest litigation can learnmodels, andenhance the operability of environmental public interest litigation legislativedocuments, has become the top priority environmental public interest litigationsystem by the ideas into reality.Environmental groups is to guide public participation in environmental protection,an important force in promoting the practice of environmental public interestlitigation; Environmental Public Interest Litigation is one of the environmental publicinterest litigation in the form of procedures of the Environmental Public InterestLitigation, from the perspective of environmental groups to explore the environmentalpublic interest litigation systemthe construction of positive significance.The thesis is divided into six parts: Foreword, an overview of the background of environmental groups filed atheoretical study of the Environmental Public Interest Litigation and judicial practice.First, China’s environmental groups filed the status and significance of theEnvironmental Public Interest Litigation. Summary of the environmental publicinterest litigation has been made of the results of theoretical studies on the basicproblems of the development and significance of environmental groups and theEnvironmental Public Interest Litigation.Second, environmental groups filed the theoretical basis of the EnvironmentalPublic Interest Litigation. Illustrates the environmental theory of liability, litigationplays theory, the theoretical support of the Environmental Public Interest Litigation v.the interests of theory and reflection law theory of environmental groups filed.Third, China’s environmental groups filed the mode of operation of theEnvironmental Public Interest Litigation. From the perspective of procedural rules,summarizes the legislative and judicial practice, environmental groups filed thepre-program of the Environmental Public Interest Litigation, the request scope, thecost of litigation, the burden of proof, remedies, and other issues.Fourth, environmental groups filed a protection mechanism of the EnvironmentalPublic Interest Litigation. Investigate the protection of environmental groups filed avalid measure of the Environmental Public Interest Litigation by environmentalgroups and social environment, and expand funding sources, recruiting volunteerexperts to enhance the social influence, the expansion of the environmental publicinterest litigation res judicata, to enhance public environmental awareness training.Finally, the outlook environmental groups filed the benign results of theEnvironmental Public Interest Litigation, an effective channel to a conclusion on themaintenance of public environmental interests, hoping to environmental publicinterest litigation to protect the resources and the environment Finally, the most solidbarrier.