Research On Environmental Public Interest Litigation Incentives Of Chinese Social Organizations

In order to solve the problem that the government administrative means cannot p rotect the environmental public interest,environmental public interest litigation is intr oduced.In China's environmental public interest litigation,the subject of litigation is l imited to the organization and organization of law.Its original intention of legislation is that the existing large numbers of social organizations in China promote environme ntal public interest litigation in full swing due to its number of advantages.However,as the main body of environmental public interest litigation in China,social organizati ons are not enthusiastic about participating in environmental public interest litigation i n judicial practice.The reason lies in the lack of incentive mechanism of environment al public interest litigation in our country.The social organization of our country is th e main force of environmental public interest litigation,thus,it is of great significance to explore the establishment of incentive mechanism of environmental public interest litigation in our country.In this paper,by discussing the theoretical basis of environm ental public interest litigation and the practical experience of foreign countries and put ting forward the incentive measures of the environmental public interest litigation file d by the social organizations in the local practice of environmental public interest litig ation,such as the provisions of the litigation cost reduction,the special system of envi ronmental justice,the burden of proof and the system of environmental liability insura nce,the author find the problems existing in the existing incentive measures of enviro nmental public interest litigation in the practice of environmental public interest litigat ion.Based on the research of practical problems,aimed at the various systems,such a s environmental public interest litigation fund system,the plaintiff reward system,the new social organization management system,the development method and the enviro nmental public interest litigation system,the author puts forward the incentive mecha nism of environmental public interest litigation from different perspectives including t he development of social organization itself,the reduction of litigation payment funds and the purpose of litigation risk and the improvement of the litigation system.