Study On The Limitation Aspects Of Environmental Public Interest Litigation In China

With the rapid development of the economy, people require a life of a higher quality, andmore and more people are paying attention to the ecological environment. However, now theenvironmental pollution in our country has always been very serious and the environmentalincidents which are harmful to the public health take place frequently. In addition, our countrypunished and supervised the environmental pollution so weakly that the public rights onenvironment can not get effective protection. People always encounter limits that come fromthe traditional litigation system. Therefore it is of urgent need to develop and improve themechanism of litigation, in order to safeguard the public environment rights and interests, andcurb the actions that pollute and damage the ecological environment.Environmental public interest litigation as the system that provide relief toenvironmental public interest, the environmental public interest litigation attracted attentionfrom the theoretical circles and practical circles. And now many provinces and cities in ourcountry are practicing the environmental public interest litigation, but there is not veryoptimistic. The problem is that many limits exist in the legislation and the system. Therefore,this article will combine typical case to theoretical studies, and through the study of advancedlegislation and practical experience in abroad, the author tries to put forward the suggestionswhich solve the problem in the development of environmental public interest litigation. Inaddition, it will benefit the protection of environmental in our country.In particular, this paper is divided into five parts. Firstly, the first part is illustrated by thecase of the first environmental public interest litigation in Yunnan, and sums up problems andhighlights revealed in the case hearing. The second part will summarize the fundamental issueon environmental public interest litigation. Then author will discourse the types,characteristics and positive significance of environmental public interest litigation based onthe concept of environmental public interest litigation. Then, the third part will discourse thefoundation of the environmental public interest litigation in our country. Specifically, therewill be discourse on the theoretical basis, the policy and legal basis as well as the domesticpractical experience and so on. The remaining two is important part, author will analyze anddiscusse the problem combine with practical problems in the case. Then, the fourth part willcomparatively analyze the condition of the development of environmental public interestlitigation at home and abroad, Then there is a deep analysis of the limitation aspects that affect the development of environmental public interest litigation in our country. Finally,author will point out developing direction of environmental public interest litigation in thefuture, particularly, there will be discourse on the legislation, the scope of plaintiff and thesetting up of litigation on security mechanism and so on.