Research On The Legal System Of Environmental Public Interest Litigation In China

Environmental public interest litigation, as the current judicial reform and the construction of the people’s livelihood, is becoming a hot topic. Environmental public interest litigation, as the name implies, refers to some specific legal acts of the ecological environment to change, so as to bring harm to the public interest, causing disputes related litigation activities. Environmental public interest litigation has three characteristics, one is that the interests of the damage has dual nature; the two is the extension of the plaintiff is very extensive; the three is a clear extension of the litigation trial. According to different standards, environmental public interest litigation can be divided into different categories. According to the situation of the plaintiff or the victim, it can be divided into individual environmental public interest litigation and group environmental public interest litigation. In the form of the application of environmental public interest litigation, it can be divided into environmental civil public interest litigation and environmental administrative public interest litigation. The value of environmental public interest litigation has two, one is to improve the public participation in environmental governance; the two is to enhance the environmental issues to prevent and control the overall effectiveness of the work of social.Foreign environmental public interest litigation legislation experience is more abundant. First of all, from the perspective of legislative confirmation, there are two examples, the first is to be recognized in the basic law of environmental public interest value, such as Belgium, Brazil. The second kind of legislative confirmation is confirmed by the form of special law, such as Japan, France and the United States. Secondly, from the perspective of the specific implementation of the judiciary, the countries have different characteristics. For example, the United States take a comprehensive open litigation system; India through legal transplant to achieve the unity of the judicial effect and social effect; French focus on the protection of the overall interests of the social environment; Germany focus on maximizing the protection of civil rights. Throughout the country’s environmental public interest litigation system, we can make a more comprehensive summary of its development trend, that is, the extension of environmental public interest litigation plaintiff, environmental public interest litigation rules are increasingly inclined to the plaintiff, and more attention to prevent the abuse of litigation rights.On the current situation of our country’s environmental public interest litigation, on the one hand, the civil procedure law will be incorporated into the amendment of the environmental public interest litigation, and the other side of the judicial trial is also booming. The author selected in Jiangxi Province in recent years three more elaboration and analysis of typical cases of environmental public interest litigation, and the combination of Jiangxi Province local law test, found the local grass-roots environmental public interest litigation plaintiff is still dominated by procuratorial organs and hearing the lack of innovation, mediation is in the majority. From this, the author summarizes the three main problems in the construction of the legal system of environmental public interest litigation, one is the transitional is not strong, the two is the scope of environmental public interest litigation, the three is the environmental public interest litigation supporting legal system is not perfect.In order to solve these three problems, the author puts forward the following suggestions on the perfection of the environmental public interest litigation system in China. First, the environmental public interest litigation legislation should focus on transitional. To improve the current environmental public interest litigation judicial interpretation system, but also to the current environmental protection law for the appropriate transformation. Secondly, the plaintiff qualification of environmental public interest litigation should be identical. One, it should be cautious to distinguish the plaintiff qualification of the individual citizen, the second, should regulate the action of the government public welfare representative agency; third, should vigorously promote the environmental protection social groups of litigation participation. Finally, improve the environmental public interest litigation system. We should set up a reasonable litigation incentive mechanism, set up a reasonable litigation rules, but also to explore the establishment of an independent environmental court system.We build a socialist rule of law with Chinese characteristics, which is not only to build a reasonable legal system, but also through the scientific and reasonable construction of the law is the protection of these laws from the text to the reality. Implementing rule of environmental protection in the field of real law means that there must be a perfect environmental public interest litigation legal system, through legal channels, the modern environment law to protect social public interest and the interests of the masses implement, in order to achieve the unity of the judicial protection of the environment of the practical effect and legal effect.