Research On Environmental Public Interest Litigation Of Environmental Right’s Protection System

With the rapid development of economy, environmental problems become increasingly serious, which affect the comprehensive, coordinated, sustainable development of the economic, social, ecological. Discussion of the environment right has begun since from 60 s and 70 s last century. The “human environment declaration”includes the definition of environmental right. Different scholars have different views in the subject, object, content of environment, but they all believe that environmental right should be recognized as basic human rights. The subject of the environmental right is mainly the citizens, so when the civil environmental rights are infringed, they can seek relief of litigation because environmental rights are actionable. There are many ways of relief, and the judicial way is the guarantee of the final means.The environmental civil system, environmental administrative system and environmental litigation system of our country is in favor of protecting the citizen’s environmental rights, but the spirit content of environmental rights can not be guaranteed, the existence of environmental public interest litigation is particularly important. The legitimacy foundation of environmental public interest litigation is a right of appeal and the theoretical basis of the action right is the right of environmental. China’s environmental public interest litigation system in the "Civil Procedure Law" article fifty-fifth already had preliminary reflected,but still not perfect, need to implement further measures from the scope of the plaintiff, the scope of the case, the scope of liability to safeguard environmental rights and procedures on the entity. By the study of the system of measures in foreign countries, establishing a set of perfect environmental public interest litigation system to protect the citizen’s environmental right so that the environmental public interests are protected.