Research On Environmental Civil Public Interest Litigation System

Recent years, environmental pollution and ecological damage events frequently appear in to the news media, the destruction of the ecological environment has a serious impact on people’s production and life, environmental problem has become an urgent need to solve the social problems. Is based on the protection of the environment, to curb ecological damage and the establishment of environmental civil public interest litigation system, has achieved good results in foreign countries, China is also a theoretical and practical issues in the field of theory and practice. Development of environmental civil public interest litigation system is not only conducive to environmental protection, but also lead to the development of public interest litigation system in other areas of our country, is bound to promote the process of governing the country according to law.Environmental civil public interest litigation system in our country is still in the initial stage, the provisions of 2012 the implementation of the new civil procedure law, "Article 55 breakthrough of the traditional parties proper theory, stepped out of the system of environmental civil public interest litigation in our country, the first step. In April 24,2014 revised "environmental protection law" fifty-eighth, a number of non-governmental environmental groups were given the environmental civil public interest litigation plaintiff qualification.2015 on July 1 began implementation of the Supreme People’s court’s interpretation on Several Issues concerning the application of law in the trial of cases of civil action for environmental public interest and June 2015 3 implementation of the Supreme Court on Several Issues concerning the application of law in the trial of civil liability of Environmental Tort Dispute Cases Interpretation of the environmental civil public interest litigation in the judicial practice difficult to identify and different from ordinary civil litigation procedural matters shall be prescribed. But the interpretation of civil environmental public interest litigation prosecution subject more restrictions, but not on trial organization setting, incentive mechanisms, environmental protection special fund security system fails to clear, these problems will increase environmental civil public interest litigation actual operation of difficulty.No matter what kind of legal system, it must be in accordance with the national litigation practice. Although we can not copy the system of other countries, but the early start of the advanced experience of foreign countries for reference value, for the development of China’s environmental civil public interest litigation is self-evident. In this paper, the research methods of comparative study and comprehensive analysis, from the following several aspects:first, from the concept, characteristics and functions of the problem, summarized the basic theory of environmental public interest litigation. Secondly, summarize and analyze the main problems of the environmental civil public interest litigation system in our country, and study the characteristics of civil law system and common law system countries environmental public interest litigation system, in the perspective of comparative law introduced some representative countries environmental public interest litigation system useful experience and enlightenment. Puts forward to further improve the system of environmental civil public interest litigation in our country specific ideas at the end of this paper, from the establishment of prosecution main body multiplication system, set up the pretage procedure, trial organization specialized, environmental civil public interest litigation incentive system, the establishment of special funds for environmental protection and five aspects.