Research On Mediation System In Civil Environmental Public Interest Litigation

With the rapid development of modern social economy,our country has appeared a variety of environmental pollution phenomena,such as river water quality change bad,air smog,air pollution,and so on,the occurrence of these phenomena seriously affect the citizens' living standard in our country,lower the quality of life of our citizens,environment status also seems to be not able to bear the people needed for the survival of the most basic requirements.It is because the extent of the damage to the environment to such urgent crisis situation,our country law just need to improve-the existing environmental regulations-safeguard environment,build a new system to more efforts to protect the environment.One of the most deserve our attention is civil environmental public interest litigation,the birth of the environmental civil public interest litigation is also in order to solve the problem of our country more and more serious environmental pollution.Environmental public interest litigation,in order to protect our survival environment,people's environment social public interests and set up a specialized types of litigation solving environmental disputes.When the pollution or damage to the environment,some specific subject can be defined by law of litigation,the infringe to initiate civil environmental public interest litigation for environment.Our country new revision of the civil procedure law in 2012 for the first time in the form of provision of established the status of public interest litigation,and talked about involving the public welfare of environmental public interest litigation types;And mediation system in the civil environmental public interest litigation apply was enacted in 2015 the supreme people's court about apply "the civil procedure law of the People's Republic of China>the explanation of(hereinafter referred to as the "civilian law judicial interpretation")make clear a regulation,and rules for successful mediation to solve environmental disputes conciliation agreement to make announcement,provisions of the notice period of 30 days.In 2015 of the supreme people's court on civil environmental public interest litigation cases to explain some issues of applicable law(hereinafter referred to as "the Supreme Court interpretation")also in civil environmental public interest litigation mediation agreement must be made provisions to make announcement.Although mediation can be applied to civil environmental public interest litigation has received the affirmation of our country law,but the mediation in the specific program has not been detailed provisions shall be applicable,for its publicity system also exist many defects.Practical application of mediation system in civil environmental public interest litigation has a lot of problems,first is the lack of mediation in civil environmental public interest litigation apply time limit;Second,the publication of the conciliation agreement system is not perfect,our country law just to pass the public has been clear about the conciliation agreement,but the specific how to its public,where is the fair show,fair show after the handler,and so on are no detailed regulations;Finally,in the our country civil environmental public interest litigation mediation agreement should include what also have no definite scope set,in order to keep the mediation of the parties to the actual performance of the obligations as agreed in the agreement,on the content of the settlement agreement should also make some regulation.And for the above said in the our country civil environmental public interest litigation mediation for these problems are still existing,the author in this article gives some Suggestions.First,the suitable time for mediation in civil environmental public interest litigation make regulation,the author agrees with the trial after the mediation,the reason,will in this paper is expounded;Second,we should perfect the civil environmental public interest litigation in the mediation of the public examination system,such as Suggestions to public areas to expand,the increase of the conciliation agreement,the provisions of the specific content of establishing public dissenting opinion,and we will continue to improve the existing public review system;Finally,the public welfare lawsuit of our country law stipulates clearly the conciliation statement of some additional advice on the system,the specific content will be discussed in the text of this paper.The author hope that through in this paper,the mediation in the study of the specific applicable system of the civil environmental public interest litigation,settled satisfactorily for our country environmental cases provide useful insights,and contribute for our country's environmental protection cause the meager strength.