Research On Environmental Public Interest Litigation Incentives

Environmental public interest litigation is an important tool for protecting the environment and safeguarding the public interest. The system was officially introduced into China since the establishment of environmental courts and the continuous improvement "Civil Law" and "Environmental Protection Law". However,due to public goods caused environmental public interest litigation "rational apathy",making the law applicable environmental public interest litigation filed Accuser not enthusiastic, experienced no environmental court case can take the cold, serious impact on environmental public interest litigation in our country further development.The reason for the contradiction of environmental public interest litigation in the legislative and practical aspects need to reconcile; lack of supporting environmental public interest litigation in the spiritual and material incentives; remedy environmental pollution still remains in the main administrative means. Therefore, I propose to build a set of incentives to abate "rational apathy" will bring negative effects to reconcile environmental public interest litigation between legislation and practice through incentives, with the spiritual and material incentives to promote eligibility plaintiff sued, which will remedies from environmental pollution "rights-based" to "standard duty" change, so that environmental public interest litigation to protect the ecological environment has become, in the public interest,carrying a rational means of citizen demands and promote environmental public interest litigation in the healthy development of China’s benign.