Analysis Of Environmental Organizations In Environmental Public Interest Litigation As "Amicus Curiae"

Environmental pollution and destruction has been caused with the rapiddevelopment of industry, people’s environmental awareness is also a gradualawakening times events, maintaining awareness of environmental interest is graduallyawakening.Government, civil society, citizens are actively involved in environmentalprotection. Because the body of the environmental damage or pollution is most andhas the specific qualitative, current law litigation system has a little powerless onthese issues, Environmental public interest litigation provides a train of thought.Scholars and experts form a consensus to establish the environment public interestlitigation system, But there is no clear and specific legal provisions. EnvironmentalOrganizations is developed with the grim environmental issues and environmentalawareness awakening, Environmental Protection requires public participation,Environmental organizations participate in the process of environmental publicinterest litigation, which is an important way to achieve public participation. Due tothe limitations of the government and individuals, Environmental Organizationsbecome a dominant role in the field of environmental protection with its uniqueadvantage. We also begin to examine the environmental protection organization in therole and function in the process of establishment of environmental public interestlitigation system, Although there is no clear legal provisions from our currentlegislative status quo,But some places begin to try to define environmentalorganizations from the judicial situation.With the development of the environmental public interest litigation,environmental organizations actively seek environmental public interest litigation,From the current situation of research,most of the books and papers giveenvironmental protection organizations to participate in the environmental publicinterest litigation as the plaintiff. However, this path can not enough play out the roleof environmental organizations at any stage, From analyzing the legislation status quoand our current environmental organizations from the substantive entity content ofChina’s environmental protection organizations in environmental public interestlitigation, The current judicial status quo is not optimistic.“Amicus curiae” system inthe United States gives us some enlightenments in terms of settlement of disputes.Non-governmental organizations play the role of in the dispute settlement process, ittriggered a reasonable explore participation in environmental public interest litigation by environmental organizations as an “amicus curiae”. Environmental organizationsand “amicus curiae” have fit in neutrality and public welfare, Environmentalorganizations as “amicus curiae” not only to meet the need for the establishment ofenvironmental public interest litigation advantages compared with the other subjectsin the professional risk, it is necessary to be applied in the environmental publicinterest litigation, it is feasible that Eighteen report on the relaxation of social groups,environmental organizations the scale of development, the successful practice of theUnited States and China ’s judicial practice in the attempt,“Amicus curiae” in theoperation of the United States and bring our inspiration, combined with localconditions, a system constructed as “Amicus curiae” environmental organizationsinvolved in environmental public interest litigation, System settings on the pleadingsfiled by environmental organizations from the entity, the program, the force of lawand the rights and obligations of Regulation, In order to maximize the positive role ofenvironmental organizations in environmental litigation,and open up a new path toresolve environmental disputes.