Construction Of Environmental Public Interest Litigation In China

With the rapid development of the productive forces and the quickly update of theproduction tools, human ability of changing and using natural is getting stronger andhuman life will become more comfortable and convenient. But at the same time, thehuman living environmen is undergoing change. Large emissions of pollutants, theover-exploitation of resources, human rights of life and work in a beautiful environmentconstantly been infringed. The voice of protection of the environment to safeguard humanenvironmental rights is growing louder and louder. Environmental public interest litigationhas become one of the importan system to protect environment. This article discussesmainly from four aspects of this system:First, the author proceed from a discussion of the meaning of public welfare to bedefined the meaning of the environmental public interest litigation system. Environmentalpublic interest litigation fundamental purpose is to safeguard the environmental publicinterest. Author believes that, in order to accurately summarize the meaning of theenvironmental public interest litigation system, we should first understand the meaning ofenvironmental public good. In this part, through combing the dispute of the current theoryand practice of this system, and in comparison with the analysis, the author gives thedefinition of environmental public interest litigation;Second, in order to further clarify the meaning of the Environmental Public InterestLitigation, point out that the nature attributes of China’s environmental public interestlitigation system, the author of this paper compare this system with the Grouplitigation system, class action system and so on;Third, in the third part of this paper, the author analyzes the current statu of theenvironmental public interest litigation system in our country. By analyzing the statu ofenvironmental public interest litigation system and its current flaws, in the end, the authorputs forward a sound proposal;Finally, most of the contents of this article are to discuss how to build China’senvironmental public interest litigation system. The author points out that we shoud build environmental public interest litigation system from the establishment of the rightenvironment, the eligibility of the subject, the litigation by the case of court, punishmentand reward mechanisms and so on.