Environmental Public Interest Litigation System In China’s Legislation

The increasingly serious environmental issues has become endanger human survival and social development of the major issues, public environment is becoming increasingly serious is the human need to solve the great history task. Environmental problem environmental dispute also increasingly diverse derivatives. Environmental disputes and other disputes compared with the complexity, uncertainty and social characteristics, the traditional environmental litigation system in the settlement of environmental disputes, especially the environmental dispute of public welfare measures enough, already beyond one’s strength one’s power, already cannot very good solve current public interest environmental disputes. Therefore, we must seek new ways to solve the public environmental disputes. By expanding the scope of eligible parties, expansion of plaintiff qualification, construction of public interest litigation system, establish group litigation to protect the public environment from destruction, pollution, in the legal profession has reached a preliminary agreement, in judicial practice has been successful cases. In August31,2012, eleventh sessions of National People’s Congress Standing Committee adopted at the eighteenth meeting of the " amended civil procedure law " established the environmental public interest litigation system in China, to create China’s environmental public interest litigation system in the new era, but the rules were vague, also cannot solve China Public Interest Environmental problem, still need to pass revision of" environmental protection law " and other separate legal entity, or through the development of " Civil Procedure Law " judicial interpretation, clear, expand the boot environment public welfare lawsuit main body, improve the environmental public interest litigation system in china. Therefore, based on the characteristics of environmental dispute of the connotation, features and environmental public interest litigation is expounded, and analysis of the environmental public interest litigation legal nature. Because of China’s environmental public interest litigation in substantive law and procedural law deficiencies, on China’s public welfare environmental protection cause of adverse consequences, through the overseas environment public welfare lawsuit system research, reference, contrast put China’s environmental public interest litigation system deficiencies. In view of this, the paper then discusses our country establish the environment public welfare lawsuit system the necessity and the feasibility, and the construction of China’s environmental public interest litigation system path made assumption. The last of China’s environmental public interest litigation mode of main body and a plurality of start of China’s environmental public interest litigation subject defines. With a view to China’s environmental public interest litigation system construction and improve the benefit.