The Theory Of Environmental Public Interest Litigation System In China

Public interest litigation system originated in Roman law, and gradually perfected in the modern western countries. Relative to the private interest litigation, it is to point to in order to maintain the public interests and lawsuit brought. The development of social industrialization caused serious damage to the ecological environment, violation of social public interest, affects the harmonious and stable development of the society.In the face of environmental pollution,environmental public interest litigation system arises at the historic moment. Environmental public interest litigation system and the applicable in many countries has a broad sense, it is to maintain the public interest plays an important role in security, can better regulate the rights and obligations of people, at the same time is conducive to the protection of the ecological environment. In governing the country according to law, the construction of the socialist rule of law, environmental law in China through several revisions, the system provides the guarantee and legislation on environmental public interest litigation, to better reflect the legislative purpose,but the rules of the system is not perfect, the content of the operability is not strong, still have a lot of problems to be studied. The article consists of introduction, five parts and epilogue. The introduction part, mainly explain the background of this system and the purpose of this document.The first part is mainly to an overview of the environmental public interest litigation system.Mainly from the environment, the essay discusses the concept, characteristics and types of public interest litigation, which is the theoretical basis of environmental public interest litigation system research. The second part is on the investigation to the outside environment public interest litigation system. Through to the part of this system of representative countries, draw lessons from the advanced legislation mode, is a necessary choice to perfect the system in our country.This paper mainly in the United States, Germany, Japan, for example a comparative analysis.The third part through the comparison system abroad found the problem of this system in ourcountry. Environmental public interest litigation system in China as a lack of solid theoretical basis of young subject, late start, slow development, the environment public welfare lawsuit main body scope too narrow, single reason of accepting cases, proceedings remain some problems such as obstacles remain to be solved. The fourth part is the shortcomings of the environmental public interest litigation system put forward opinions and Suggestions, to solve the problems existing in the practice, in order to contribute for the development of China’s environmental law.