The Logic Fold Of Environmental Public Interest Litigation

Since 2012, according to the newly revised "ambient air quality standard", the cities in our country which can arrived the air quality standard is only 40.9%,and the key environmental protection cities is 23.9%.If relevant local government can’t finish the environmental quality objectives that designated by the state, it will face a suspension of examination and approval of new project, until the complete rectification. But that will affect the development of local economy. Therefore, it cannot become the main way protecting the environment.Recently, with the environment developing deeply in varied areas, citizens have been highly promoted of environmental sense, legal sense and right sense. Herein, the litigation which caused by different pollutions is presenting a fast rising trend. But environmental litigation due to there is many difficulties in the litigation procedure, so the legislation, the judicial circles and academic experts proposed suggestions and also the legal logic researchers.This thesis is divided into five parts:The introduction states appearance and meaning of choosing this problem, current research situation, literature review, research methods, structure and innovations of the dissertation.The body is divided into four parts:Part one is research on the basic scope of public interest litigation, which is divided into two sections. Section one is introduction of civil public interest litigation and section two is administrative public interest litigation. The civil public interest litigation mainly solves what the civil public interest litigation is, what the challenge establishing civil public interest litigation will bring to traditional theory and the necessity and feasibility of constructing public interest litigation in our country.And then discusses the concept of legal logic, the first is the syllogism in the deductive reasoning; the second will discuss the TOULMIN argument model.Part two, this paper discusses the intersection of law and logic, for instance, the application of the legal concept and the rule of law.Part three, this part will use the TOULMIN model to detect the judgment of public interest litigation right or not.The last part, by reference to the United States and Japan, explore the solution to ironing the logic fold of China’s public interest litigation.