The Construction Of Environmental Public Interest Litigation System In China

For a long time，during the process of Chinese economy development， emergein an endless stream at the expense of the environment in exchange for economicbenefits，leading to deteriorating environment，serious harm the social and publicinterests. In this regard，Chinese “Civil Procedure Law”(2012，revised in August)fifty-fifth established a new environmental public interest litigation. However，thesystem because there are many disadvantages in the litigation subject qualification，procedure，and it is difficult to in public for damages caused by environmentalinfringement of relief.In the system of environmental public interest litigation effectively protectenvironment public interest as the mission，in our country is still as a new thing andthe actual effect is not yet fully apparent，but has been established for many years inthe United States，Japan，Germany and other countries，and continue to improve inthe application process，plays a more and more important role to achieve its missionthe. This proves that the system of environmental public interest litigation is a linewith the needs of social development，can effectively protect environment publicinterest litigation system of the model.Therefore， this thesis aims at the comparative study of domestic andinternational environmental public interest litigation system，clear abroad for ourreference， how to eliminate the forward， the feasibility of the proposed theshortcomings of our system.In this paper，except the introduction and the conclusion，is composed of fourparts，the main contents are as follows.The first chapter, in the analysis of public interest litigation and litigation selfishdistinction based on the analytic concept of environmental public interest litigation,types, characteristics and functions. After the introduction prop up the environmental public interest litigation system in three main theories: the theory of environmentalrights citizens, intergenerational equilibrium theory, environmental public trustdoctrine, to lay the foundation for the next discussion.The second chapter describes the United States, India, Germany, Japan, theenvironmental public interest litigation system, the basic situation of the mainqualifications from the plaintiff, relief measures type, bear the burden of proof,measures to prevent abuse of litigation, litigation costs and other aspects of theburden of national environmental public interest litigation investigation regime. Aftercomparing the various countries, in-depth analysis of the characteristics of each, andexamine national environmental trial establishment, operation, proposed can learnfrom our place.The third chapter, introduced Chinese environmental public interest litigationsystem status, including the country in environmental public interest litigationlegislation and practice, with a focus on the present status of the lack of analysisThe final chapter focuses on the content of this article is about how to improveour environmental public interest litigation system envisaged environmental publicinterest litigation focus on improving the legislation and judicial institutions to setenvironmental, operational and discussions, which puts forward the establishment ofenvironmental public interest litigation regime.Environmental pollution and destruction of a direct threat to our environment，threatening the human to survive, to protect environment and natural resources，forthe construction of socialist harmonious society，our country should learn fromforeign experience，based on their own situation，the establishment of environmentalpublic interest litigation system as soon as possible.