Research On The Problems Of Environmental Public Interest Litigation

That the new civil procedure law has been taking effect in2013gives us thepublic interest litigation, which adds newborn power to the environmental protection.The provisions about the plaintiff qualification and case range of the environmentalpublic interest litigation are vague. Further more, no judicial interpretation aboutstatute of limitation and litigation costs are introduced. Theoretically unsound practiceis bound to have little impetus. Famous environmental law experts Wangcanfa says inhis article named where is the difficult about the environmental public interestlitigation that since2013, the environmental public interest litigation has been playingno role. He appeals that our country will make breakthrough in legislation as soon aspossible.The article makes the initiate discussion about the environmental public interestlitigation on the basis of the public interest litigation and judicial status. The first partelaborates the basic theory. At first it elaborates the origins, development and theacademic insights of the public interest litigation to have preliminary understanding.Then it introduces the connation, species, function and theoretical basis of theenvironmental public interest litigation. The second part elaborates the problems ofthe environmental public interest litigation. It introduces the lack of environmentalrights from the substantive law. Then, it elaborates the vague plaintiff qualification,the narrow case range, the short statute of limitation and the expensive litigation costsfrom the procedural law. A country’s development is inseparable from the world. Thethird part elaborates the advanced foreign environmental public interest litigation tobe helpful to perfect our environmental public interest litigation. The forth partelaborates the necessity and feasibility and consummating the environmental publicinterest litigation. Firstly, it elaborates that the environmental public interest litigationcan alleviate the harsh environment, cover administrative oversight and create a harmonious society. Then it elaborates the environmental public interest litigation candevelop in our country from our state system, environmental judicial practice，successful environmentalists and foreign excellent research. The fifth part elaborateshow to consummate the environmental public interest litigation. Firstly, it appeals usto consummate the environmental rights that include the environmental exploitationrights, the environmental information and the environmental damage claims. Then ittells us how to define the plaintiff qualification, the case range, statute of limitationand litigation costs from the procedural aspects.