A Research On Perfection Of Environmental Public Interest Litigation System In China

In recent years, our country has carried out many beneficial explorations in the field of environmental public interest litigation. In 2012 the "Civil Procedure Law" to modify,marking the establishment of environmental public interest litigation system, but the principle provisions of the civil procedure law, the environmental public interest litigation system is, in the judicial practice can operability is not strong. The implementation of the January 1, 2015 "environmental protection law" the environmental public interest litigation system for further provisions, defined the relevant organizations to sue. Followed by the Supreme People’s Court issued the "civil procedure law judicial interpretation" and the identified by the Supreme People’s court’s interpretation on Several Issues concerning the application of law in the trial of civil environmental public interest litigation plaintiff qualification in environmental public interest litigation judgment standard of refinement, and related procedural matters under the jurisdiction of the court, environmental public interest litigation system further perfect, has more operability. In judicial practice, the number of cases of environmental public interest litigation is also a breakthrough. July 2015, the Supreme People’s Procuratorate released the procuratorial organs filed public interest litigation to the plan on the pilot scheme of the identified the pilot objectives and principles and contents, including filed a civil public interest litigation and administrative public interest litigation, and identified 13 pilot provinces, autonomous regions and municipalities directly under the central government. This pilot is a useful exploration and Research on the public interest litigation system in China. In January 2016, the Supreme People’s Procuratorate issued Measures "of the" procedures "for the implementation of the people’s Procuratorate filed public interest litigation in the pilot work is of more than half of the pilot work of the experience summary and detailed provisions on the procedures and methods for the future work, for our country’s Procuratorate filed public interest litigation made active attempt. This relates to a series of environmental public interest litigation, legal interpretation, documents issued to enrich China’s environmental public interest litigation system and to perfect the system to provide direction.But environmental public interest litigation system in our country still has many problems to be solved, for example, number of environmental public interest litigation, the plaintiff sued the will is not strong, lax environmental administrative law enforcement organs even lazy to law enforcement, which makes the progress of China’s environmental protection slow, such as how to solve these problems, promote the development and perfection of the system of environmental public interest, the five parts to carry on the analysis.The first part of the introduction. In general, introduces the research background, purpose and significance of environmental public interest litigation system, through to the domestic and foreign research present situation analysis, draw their own views, and introduces the research contents and methods, and the innovation points. The second part, an overview of environmental public interest litigation system. Mainly introduces the concept and theoretical foundation of environmental public interest litigation system. The third part, the status quo and defects of China’s public interest litigation system, a clear need to improve the place. The fourth part, through the research of environmental public interest litigation system in foreign countries, finding ways to improve China’s environmental system. The fifth part, through a combination of China’s judicial practice and foreign regulations of our country puts forward improvement suggestions.