Judicial Model Construction Of Environmental Pubic Interest Litigation

With the judicial promotion of environmental public interest litigation, the conceptof “judicial activism” has got more and more applications.The importance ofevaluating the judicial environment of the environmental public interest litigation hasbecome increasingly prominent. Only in a fair, good legal environment, the generationof the environmental public interest litigation can be adopted by the legislature.Againstthis background, the judicial model construction of the environmental pubic interestlitigation has been proposed.In this dissertation, the judicial model with the “organization” as the plaintiff ofenvironmental public interest litigation and the judicial model with the “individual”as the plaintiff of environmental public interest litigation has been constructed by theapplication of mathematical model. In the first chapter of the article,through the analysisof the current situation to the environmental public interest litigation,the necessity toascertain and perfect the system of environmental public interest litigation has beenconcluded. In the second chapter of the article,the theory and the practical significanceto construct the judicial pattern of environmental public interest litigation has beendiscussed and it has been stated why we choose the method of the mathematical model.In the third chapter of the article, the logical foundation of the construction of thejudicial model to environmental public interest litigation has been demonstrated.In thischapter,first we have analyzed the external form of the environmental public interestlitigation,then we have discussed the principles of the construction of the judicial modelto environmental public interest litigation,which are the principle of the judge’s neutraland the equality of litigant.In the meantime,the construction elements and the keys ofthe judicial model to environmental public interest litigation have been discussed. Theconstruction elements are the trial power and the litigation rights and the keys ware thelitigation justice and efficiency.In the forth chapter and the fifth chapter of this article,the judicial model with the“organization” as the plaintiff of environmental public interest litigation and thejudicial model with the “individual” as the plaintiff of environmental public interestlitigation has been constructed.The main innovations of this article lie in the following points:2.Starting with the fundamental point to build the judicial mode,we put forward the basis of the construction of the judicial model to environmental public interestlitigation.It lays foundation to ascertain and perfect the system of environmentalpublic interest litigation.2.The balance standard of jurisdiction and the right of action in environmentalpublic interest litigation has been proposed by the application of mathematical model.3.Aiming at the dilemma that the litigation status may not equal in environmentalpublic interest litigation,the “individual” as the plaintiff of environmental publicinterest litigation has been constructed.4.According to the analyzes of the legal theory whether the “organization” and“individual”can be as the plaintiff of environmental public interest litigation and theanalysis of the two kinds of the judicial mode of environmental public interestlitigation,we arrived at the conclusion that we should strengthen the corresponding legalprovisions supporting to determine the qualification of "organization" and"individual" as the plaintiff in environmental public interest litigation.