The Research On Basic Issues Of Environmental Civil Public Interest Litigation

February28,2015, a famous reporter Chai Jing published a speech---" Under the Dome", so that China has a long-standing serious environmental contamination "haze" exposed to publics’ vision. Meanwhile, the Supreme Court released "issues about the trial of Environmental Civil Litigation interpretation" so that environmental litigation has become a new hot spot. This article is as an opportunity, a comparative study based on China’s specific national conditions and the mature experience of foreign judicial practice, theoretical analysis, empirical analysis of different methods are discussed, and the structure of a typical lawsuit discussed domestic and foreign sub-sections so that the logical structure of the article clear and focused.The first part of the review of the Environmental Civil Public Interest Litigation, introduced in the first section of the city development of environmental issues, and resolve the latest domestic laws and regulations, and then discusses the public interest litigation in the two most critical interests:environmental rights and public interest, thus introduces the concept of environmental civil public interest litigation. It focuses on jurisprudence explore and resolve the new law, starting from the local case, describes the2015New Judicial Interpretation of eligibility provisions plaintiff, jurisdiction and liability issues.The second part is foreign Environment Commonwealth Civil Suit legal system introduced, selected some civil law countries and common law countries are more characteristic of the system to elaborate and detailed analysis of the public interest litigation in the United States, sub-topics discussed from various countries the subject of litigation, jurisdiction, judicial relief superior and disadvantages, as demonstrated in the following sections to do the groundwork.The third part is for thinking of Environmental Civil Litigation proposal, this section focuses on the plight of public interest litigation lawsuit itself, starting from the most fundamental, the limitations proposed rights protection, economic distress and morality is missing, configure several aspects of the defect question; Suggestions after the author’s main point is to expand the litigation subject qualification, set up pre-litigation procedures and proceedings should not apply the burden of proof upside down, owing to make the environment a civil public interest litigation more effective implementation, the blessing of the administration of justice the realization of China under the blue sky, clear water.