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Exploration Of The Environmental Public Interest Litigation Incentives

Posted on:2016-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2296330473957349Subject:Law
Abstract/Summary:PDF Full Text Request
Frequent cases of serious pollution having threaten to the survival of our population, limited impact on government environmental department administrative behavior, environmental public interest litigation began rapidly into the public’s perspective, and quickly became the focus of community discussion. From Article 55 of 2013"Civil Law" amendment to "Environmental Protection Law" amendment’s Article 58, environmental public interest litigation gradually prelude. Our legislature has enacted rules on environmental public interest litigation plaintiff qualification, expanding the environmental public interest litigation’s plaintiff qualifications to the social organizations and groups that meet the requirements. But the introduction of these regulations only represents a new beginning; there are still many defects in the current environmental public interest litigation system which is needed to build in our country, such as the environment filing mechanism, incentive mechanism, which is also the direction of the current theory of environmental public interest litigation system. In judicial practice, there are few of cases of environmental public interest litigation, after gradually clarified the scope of the plaintiffs eligibility, the next step is necessary to improve incentives which is matching the environmental public interest litigation. The most important difference between public interest litigation and private interest litigation is that the purpose of public interest litigation was to protect the public interest, and because of the complexity of their cases, difficulties in forensics and identification, the environmental public interest litigation also need a large private interests at the expense of the public interest. As a "rational man" people may not easily to take the risk of litigation to defend the environmental public interest that looks "not associated". Only establishing and improving appropriate incentives of environmental public interest litigation, can ensure the subject of proceedings are able and willing to filed a lawsuit, can ensure the subject of proceedings treated environmental public interest litigation as dedicated as environmental private interest litigation. Combining overseas experience with relevant laws and regulations that have been promulgated in our country, we can consider that establishing environmental public interest litigation incentives which is include environmental public interest litigation fund system, the plaintiff reward system, the legal aid system and Litigation fee waiver system, aiming at minimizing obstacles for private subject of proceedings to participate in environmental public interest litigation, and to mobilize the public’s enthusiasm to participate in environmental public interest litigation by some form of material incentives.
Keywords/Search Tags:Environmental public interest litigation, Incentive mechanism, Private litigation subject, Litigation costs
PDF Full Text Request
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