The Researching Of How To Perfecting Environment Public Interest Litigation

Class environmental public interest litigation is a modern subject, it is not only the traditional lawsuit mode of a new breakthrough, is also a new blood in the field of environmental litigation. And the emergence of this kind of litigation mode has its profound historical, economic and social background, the countries all over the world in the process of the pursuit of economic development with environmental pollution, but when it comes to solutions, and disoriented. Method of proverbs have cloud "no relief, no right", only when he protected rights to exist. And the emergence of environment public interest litigation is the will to protect the environment right that people enjoy. Public interest litigation originated from Roman law, and the rise of environment public interest litigation and perfect is in the United States, Japan, India and other countries of the environment public interest litigation mode also established earlier, to our country the establishment of the environment public interest litigation mode has a very good reference.Environment public interest litigation in China should draw on advanced experience outside, suggestion:from the aspects of substantive law, first of all, the damage compensation should be clear standards, and the distribution of the damage compensation order as:first, legal fees; Second, legal fees, survey fee and other fee; Third, the victim’s damage compensation cost; Fourth, the cost of governance has caused pollution; Fifth, the cost of the installation environment protection facilities; Second, the determination of legal standard, can be appropriately carry out finally by the courts of 10-20% of their total compensation cost. In the procedural law should expand the scope of the eligibility of the plaintiff main body, empower the individual citizens of environmental administrative department and the victim; At the same time, in charge fees, shall be charged according to pieces and not by the way and take appropriate delay charge of billing. Other auxiliary measures, we should strengthen the construction of public interest lawyers, should be formed association and benefits, development and influence on the mode of the type of litigation.