The Legal System Of Environmental Civil Public Interest Litigation

With the development of economy, the environmental problem has been gradually highlighted; the environmental quality of our country has been suffered unprecedented challenge. Current haze weather, groundwater pollution, air pollution and other environmental issues aggravate, it has a serious impact on the public's life and at the same time hinders the sustainable development of China's economy. In actual life, due to the judicial field has a serious shortage in environmental protection, the behavior of pollution, the destruction of the environment, often dealt with by administrative means, administrative punishment, environmental infringer suffers lighter penalties in exchange for the generous benefits. In order to protect the environment, reduce pollution, promote economic and ecological benign development, and maintain the environment of the social and public interests, avoid the old road of first treatment after polluting like Britain, the United States and other developed countries, we need to increase the environmental protection in the legal level. Therefore, 2013 years of "Civil Procedure Law" adds the contents of the public interest litigation, stipulate the environmental public interest litigation prosecution subjects and types in the form of enumerating and generalizing. In 2015, "environmental protection law" gives the non-governmental environmental protection organization the qualification of the subject of action; In 2015 Supreme People's Court passed the law explanation, and further improved the content about environmental civil public interest litigation; at the same year, Supreme People's Procuratorate enact "the mentioned measures for the implementation of instituting the public interest litigation "; In 2016 Supreme People's Court enacted "The measures for procurator organs instituting filed public interest litigation ". In view of the system of environmental civil public interest litigation in China is still in primary stage, this paper will be based on the reality of our country, analyses advanced system and judicial practice of representative foreign countries by introducing its meaning, value and relation and difference between the environmental administrative public interest litigation, combined with the legislation and judicial status in our country, especially the typical protect environmental cases of three main institute body, non-governmental organizations, environmental protection administrative organs and the procuratorate prosecution, in the right of prosecution subject a coordination mechanism, to prevent the abuse of litigation, case execution, injunction, support the prosecution and urge the prosecution, from the eight aspects of the litigation costs the pay and incentive and puts forward related suggestions in order to help the construction of China's environmental public interest litigation.