Environmental Public Interest Litigation Filed A Civi1Relationship Between The Body And Its Relationship

Building of civil environmental public interest litigation system, should in the environment public interest protection as a basic starting point. Civil environmental public interest litigation system in the design of every part of the consideration to revolve around the effective protection of public environmental welfare. Rather than abandon its purpose for convenient of the system design."Civil environmental public interest litigation system" is based on the traditional civil action system improved on the basis of some conditional regulation, in order to achieve the purpose of effective protection of the environment public welfare. The improvement on the traditional civil lawsuit system must also be identified, feasible, and can be modified within the framework of environmental civil public interest litigation system, the public have effective protection to the environment. In the spirit of the purpose, under the guidance of the11th National People’s Congress standing committee meeting of the twenty-eight, on August31,2012, voted by the decision on amending the civil procedure law. the people of the law was amended to increase regulation:the environmental pollution, infringes upon the lawful rights and interests, such as many consumers behavior harm social public interests, the law prescribed by the state organs, organizations can bring a suit before a people’s court."Civil procedure law"(hereinafter referred to as "the act of the people v.) change marked the public welfare lawsuit legislation mechanism into official. But our country civilian law after the modification to start the main body of public interest litigation provisions imperfect, this directly led to the civil environmental public interest litigation system for public environmental welfare cannot efficient maintenance. Therefore, China should be clear and to establish the environment public interest litigation system of the plaintiff system, clear the plaintiff main body range, both in the government administrative organs, individual citizens, social organizations. Clear the role of the procuratorate in civil environmental public interest litigation system, which have the effect of supervise and support the prosecution.In clear civil environmental public interest litigation system in the scope of the plaintiff main body at the same time, parallel with is how to understand and coordinate the relationship between the charges between different subjects."Civil environmental public interest litigation system" of the claims and relief system is the framework of traditional civil lawsuit system, the request of the private rights and protection also is the foundation of civil environmental public interest litigation system, so in dealing with the plaintiffs prosecution of civil environmental public interest litigation system, should not ignore the role of the private interest litigation, to Sue the relationship between the main body also can’t simply use one size fits all type of sort of thinking, but different understanding in different Settings.Article the structure of the framework is divided into four most:relevant organs, organizations and citizens, civil environmental public interest litigation the plaintiff main body of the prosecution and the final conclusion.In section "relevant authorities", mainly is aims at our country’s present civil procedure law of system of public interest litigation the plaintiff "relevant authorities" defined in the scope of subject, relevant authorities including what authority? Whether to include the contains in the judicial practice has the legal supervision of procuratorate organs and administrative organs with corresponding functions?In "relevant organizations and citizens" section, mainly for nongovernmental environmental organizations to discuss, and reference to foreign civil litigation system, and citizens should be related to organization in parallel on civil environmental public interest litigation system in the scope of the plaintiff main body. In "civil environmental public interest litigation the plaintiff main body of the prosecution relationship" part, through to the system of environmental civil public interest litigation the plaintiff main body in the scope of the comb, discusses the conflict phenomenon of diversified prosecution main body, rationalize various Sue relations between the subject and prosecution conditions, the environmental public interest litigation system of prosecution mode to run out. In the final conclusion part, is mainly to summarize articles, carding the full view.The author will use the research methods, the article puts forward the ideas and content to argue and make solutions, give the conclusion.