From The Moral Point Of View To Study The Environmental Public Interest Litigation

Moral perfection and mediation system of norms of human beings, and society,man and nature relationship. Moral adjustment of man and nature relationship hasbeen played a significant role in the formation of an environmental ethics, to providemoral support for the protection of the environment. Environmental ethics is theconcept of publicity to protect the environment for citizens to take measures toprotect the environment not directly help. Environmental Public Interest Litigation isthe legal level, to provide citizens with the most direct means of protection. But ourcountry has not really established the environment public welfare lawsuit system,now the environmental public interest litigation is still in the process of discussion.Many scholars have stressed that the country in environmental law in the process ofthe establishment of no good to play the role of the public, only rely on thegovernment. She has no one to consider, even countries agreed to participate in thepublic people, is willing to do, after all, environmental protection and private citizenswithout direct interest relationship. Under current law, if the individual acts ofviolation of public environment, and nobody wants to Sue ’s words," no trial withoutcomplaint" courts are difficult to take the initiative to intervene. Citizens would notsuit, even to establish complete legal system only can prove futile. We know that thelaw is stipulated that people must fulfil the obligation of citizens, but whether has theobligation to obey the law, but not by the legal provisions, it can only rely on moralto finish. To perfect the law society, the most basic is not a specific set of legalsystem and legal provisions, but the citizens have to obey the law quality, namely tolegal recognition in environmental public interest litigation in the course ofestablishing the moral force, not only can not be ignored, but should give full play tothe moral strength, the environmental public interest litigation get the public widelyrecognized.This paper is to discuss the ethics in environmental public interest litigation to build medium position and environmental public interest litigation can be set up toget what is moral support, respectively from four big board piece provedenvironmental public interest litigation can get the support of morality, is feasible.The moral connotation and effect, environmental public interest litigation publicphilosophy elaboration and moral tolerance of environmental public interestlitigation public interest theory, illustrates the environmental public interest litigationis ethical, moral adjustment can be performed by. Also analyzed the environmentalpublic interest litigation in the process of establishing the reasons for the lack of asimple, legal studies, lack of moral concern, the traditional dispute settlementmechanism is far-reaching, moral too much influence, pointed out that China’scurrent environmental public interest litigation fails to establish a big part of thereason is the lack of moral support. Then discusses the moral factors inenvironmental public interest litigation to establish the role, points out that the moralidentity for environmental public interest litigation established the importance ofmoral identity, can make the environment public welfare lawsuit to get citizens’political participation, moral identity in favor of the settlement of environmentaldisputes, moral can better embody the environmental public interest litigation by theperformance of the democracy, morality can assist the environmental public interestlitigation established as soon as possible, prominent in the environmental publicinterest litigation establishing cannot lack of moral support. Finally, through thetheory of the social moral environment, practical examples of environmental publicinterest litigation can be moral support is feasible.