Study Of Claims Of Environmental Civil Public Interest Litigation

Citizens have the right to enjoy clean living environment and a good ecological environment. Although Chinese haven’t endowed with this right clearly, it has become the consensus of the community that it should be protected by law as public interest. Based on it, the Environmental Civil Public Interest Litigation bears the interests of relief, damages and harm prevention and other functions to fill. It is through putting forward the specific rights claim to court that the claims of environmental civil public interest litigation in the courts achieve the function of the system of environmental civil public interest litigation so as to achieve the purpose of safeguarding the public interest, which is obviously different from the position of private interest litigation in civil litigation requests.The claim based on the object of procedure carries the interests of action to achieve specific rights, and it is also the rights that request the court, as a state apparatus, to protect and remedy themselves from their interests in danger or in an abnormal state. The claim expresses as well as realizes the plaintiff litigation purpose. For the purpose of relieving the damaged social public interest legally, in the environmental civil public interest litigation, the claim conveys a message of the specific public interests of the society relief. What kind of litigation request that the plaintiff raises not only affects the function of the environmental civil lawsuit of public welfare, but also affects the relief degree of impaired social public interests finally. Therefore, to realize the maximum degree of the relief of social public interests is supposed to orient the environmental civil public interest litigation request.This paper will discuss the environmental civil public interest litigation issues from four parts mainly:The first part, which mainly combs and analyzes the judicial practice performance and judicial practice plight of the environmental civil public interest litigation request, is the analysis of judicial practice status of environmental civil public interest litigation request. In the absence of a unified national legal norms, the explorations throughout the trial have innovated feasible institutional rules, but there still exists deficiency of the basis of substantive law, such as litigation request; the existing methods of bearing civil liability restrains the scope of claims; the environmental public interest limits the punishment principle in litigation procedure; mode of execution getting the support of the court litigation request awaits to be flexible and expanded.The second part is the analysis of the basic foundation of environmental civil public interest litigation request. The part mainly expounds the positioning problem of environmental civil public interest litigation request. Environmental civil public interest litigation request is the idea plaintiff requested how the court handle the behavior that harms the public interest of environmental pollution and ecological damage. Civil tort theory is that when the protected entity right is in uneasy or in danger, the right holder may request the right to exercise on the substantive law relief. When the relief enters the judicial process, the right to request the substantive law has evolved into the litigation claim, for this reason, the logical foundation of the claim in civil public interest litigation is the substantive rights foundation( or is the social public interest, that is, the protection of the rights of qualification) and the ecological environment damage( or social public interest damage, that is, the interest of the right protection).The third part is the analysis of the types and the scope of environmental civil public interest litigation request. Combined with the judicial practice and legal rules the litigation request that can be proposed includes: the cessation of the infringement, eliminating the obstruction, eliminating dangers, the restoration of the environment, the cost of ecological environment restoration of undisturbed, payment of damages, punitive compensation, apology, litigation costs( including attorney’s fees, appraisal fees, and evidence collection fees).The fourth part is the management and disposal analysis of environmental civil public interest litigation request. In the view of the special public interest litigation purpose of the environmental civil public interest litigation, the management and punishment of the the lawsuit request cannot be modeled on the autonomy of private law of the interest litigation allowing the plaintiff takes charge of the rationality, coordination and punishment of the plaintiff’s disposal request for environmental public interest litigation, instead of fulfilling one’s obligation prudently and diligently as a good administrator.