Double Observation Of Organizations Involved In EPIL

The plaintiff qualification0f Environmental public interest litigation (EPIL) is the core issue of it.Before making "ice-breaking" rules in the legislation on EPIL, different body of it have precedentjudicial levels, scholars also have Long-term controversy over the plaintiff qualification0f EPIL. Legalambiguous provision of The plaintiff qualification related to many difficulties in the judicial practice.Stipulateing EPIL’s plaintiff qualification within alegislative form as a precondition for its play a role inprotecting the environment.Section36of Draft amendments to the environmental law through the three version of what is“relevant organizations”, but the plaintiff qualification is still ambiguity, not found the "temperingbalance", and not form a complete set of safeguard measures. So the Draft amendments to theenvironmental law shoud aim at existing difficult to prosecution, public good be questioned, difficult toprove, high cost of lawsuit adout Organization EPIL to make clearly defined.Concrete Suggestions as follows: On the one hand, Perfect Section36of Draft amendments to theenvironmental law,give"related organization"EPIT sue right:First, to the provisions of the scope of"related organization" in EPIT to "Damage to environmental pollution and so on the behavior of thesocial and public interests, the local legal environmental groups can bring a suit tocourt; other lawfulenvironmental groups can be used as a common plaintiff."; Second,buildding up objection requisitionsystem to Organizations EPIT application.On the other hand,Perfect Draft amendments to theenvironmental law stipulate supporting measure of Organization EPIT:First,stipulatefundamentalsupporting measure of OrganizationEPIT,including avoid administrative intervention, set upmore environmental courts, establish a complete environmental public welfare funds.Second,through the expert witness in litigation to assist the parties, given the environmental protectiondepartment to enforce proof of evidence,and take correction of The upset burden of proof system tobalance the burden of proof; Third, perfect the special procedure of the EPIT, including settingprepositional procedure and case management procedures,case supervision mechanism,whether to applyconciliation system...