Study On The System Of Environmental Public Interest Litigation

In the face of increasingly serious environmental problems, system and judicial practice made great progress. In the progress of system are: in 2012 the new "Civil Procedure Law" in 2014 fifty-fifth, the new "environmental protection law" in December 2014 fifty-eighth, the Supreme People’s Court on the judicial interpretation of environmental public interest litigation. China has made great breakthroughs, such as the Taizhou 160 million price environmental public interest litigation.Xinmin v. Article 55 first in the form of clause provides environmental public interest litigation system, which is a great progress of the public interest litigation system in our country, but the inadequacy of the law is that its provisions too general, subject of litigation is not clear, there is no specific rules of procedure and so on. New Environmental Law Article 58 on the basis of the provisions of Article 5 of the Xinmin v., to bring environmental public interest litigation "organization" to carry out the provisions, in a certain extent, guarantee the social organizations filed environmental public interest litigation subject status, but the law of citizen still hold an evasive attitude. The specific rules of provisions of the judicial interpretation of the supreme law, interpretation to determine the jurisdiction of the environmental public interest litigation compensation rules, but there are still many deficiencies. Therefore, we should draw lessons from foreign outstanding environmental public interest litigation system experience, contact the status quo of China’s environmental public interest litigation, strive for an early establishment of perfect environmental public interest litigation system.Based on the analysis of environmental public interest litigation system in China mainly from four parts:The first part mainly introduces environmental public interest litigation system from the theoretical level, mainly including the basic connotation, main features and types of public interest litigation, and analyzes the function and value of environmental public interest litigation. This part focuses on the analysis of the current mode of environmental public interest litigation in our country, and explores how to choose the mode of environmental public interest litigation.The second part mainly in countries of Anglo American law system and continental law system, to our country how to establish perfect environmental public interest litigation system and put forward some suggestions through the analysis of the different characteristics of the system in all countries.The third part mainly analyzes the judicial interpretation of the highlights and shortcomings, combined with China’s national conditions and analyzed the reasons for this situation.The fourth part mainly analyzes how to construct the environmental public interest litigation system in our country, the plaintiff and the civil environmental public interest litigation and other public interest litigation convergence problem focuses on the analysis of environmental public interest litigation.