The Perfection Of Environmental Civil Public Interest Litigation System In China

With the rapid development of China's economy,the pace of industrialization and urbanization is getting faster and faster.The social progress at the same time also brought great pressure and damage to the environment,and natural resources has rought serious harm to human health.For example,the notorious incidents "Qingdao oil pipeline explosion" and "Water pollution in Songhua River".These vicious incidents have a terrible effect on human health and natural resources.Modern people not only cater for the abundance of material life,but also a health and safe living condition.However,when people want to protect their rights,the laws can not satisfied their need.Thus,it is urgent and necessary to establish sound environmental public interest litigation system.The United States put forward a new type of lawsuit system,allowing the infringement case without direct interests relationship with the environment of citizens and social organizations for public environmental rights and interests to prosecute,that is environmental public interest litigation.In our country,people's environmental awareness and legal awareness enhanced year by year,the case protecting rights of environment is getting more and more.In the 1990s,the concept of public interest litigation was introduced in China.And it was especially written in the in the civil procedure law in 2012,including the environmental public interest litigation.In 2015 the newly revised "environmental protection law" on the basis of the former and made clear that the main bodies of public interest litigation are the people's procuratorate and environmental groups.There are more experts and knowledgeable person showing great concern about environmental public interest litigation.Through the environmental protection act,and the revision of the law of protecting environment and the People's Republic of China civil procedure of the judicial interpretation and a series of laws and regulations,the environmental public interest litigation system in our country is gradually becoming more perfect.However,it is a new system determined by the value of society,consciousness of civil rights,legal thought and judicial way,which remains so many difficulties,like the incompleteness,discrimination,irrationality and so on.We are still facing so many challenges,including rationality,feasibility and systematicness.In this paper,combining with the typical environmental cases,especially a series of laws put forward after 2015,the author discusses the concept of environmental right,environmental public interest litigation,according to environmental pollution in our country.Aiming at the present stage of environmental public interest litigation legislation deficiency,the author studies our country defects existing in the current environmental public interest litigation in China.Besides,the author puts forward the corresponding improvement measures,and makes up the blank area of the environmental public interest litigation.