A Study On The System Of Environmental Civil Public Interest Suit Fund

Environmental public interest litigation is pursued for protecting environmental interests. After the interests of the various game in our country, it was finally established in the Environmental Protection Law(2014 revision), but its development does not make the environmental interests in full blossom as the scholars' expectation. But there has been many issues in practice, such as environmental courts establishing with no case to trial, qualified social organizations unwilling to sue, and no guarantee of funds and so on. The reasons are mainly lacking convergence between related systems and system of fund guarantee.To run environmental public interest litigation smoothly, the system must be designed to solve funding issues, which is determined by the characteristic of environmental public interest litigation. From the perspective of economic theory, it belongs to public goods with typically positive externality, and the market cannot provide effective. For its public nature of the product and the self-interested rational thinking of “economic man”, it is bound to bring “free rider” problem. From the view of the litigation itself, the environmental public interest litigation is time consuming, highly professional, investment needed, which are all the problems undertook by the person who sued, and the final interest is shared by others, which will lead to the phenomenon of no one to file a suit.In China, the legislation gives the right to the social organization, which comply with the law, to be able to file environmental public interest litigation. It appears to be right, but social organizations in litigation is to take more responsibility because of the imperfections of the institutional. Even if from the viewpoint of the reciprocity of legal rights and obligations, it is not fair. Therefore, the system of fund guarantee is more necessary for China.There are three solutions to solve this financial problem: first, reduce or postpone the cost of litigation; second, the judge adjudicates litigation costs based on discretion; third, the cost of litigation is paid by a special fund. The first solution can work to some extent, but it does not really solve the problem. But for our country with no perfect system, it is not suitable to give judges too much discretion. Therefore, to seek long-term development of environmental public interest litigation, special fund system must be established.The primary target for Environmental Public Interest Litigation Fund is to solve funding problems, which ensure a steady capital input in order to last forever for environmental public interest litigation. The structure of environmental public interest litigation fund source should be diversified, not too simple, and should also have a long-term stability. Money using of the environmental public interest litigation fund must be clear, and wise especially for needed. Good operation of the Fund is inseparable from good management. The use of a simple way to manage the foundation management does not comply with Chinese conditions, but charitable trust can compensate in foundation management, which can facilitate flexible operation for the foundation. For the supervision of the fund, it is essential, and strict supervision can help fund environmental public interest litigation maximize its function.Environmental Public Interest Litigation Fund System can support environmental organizations to file public interest litigation, and it can inspire more organizations to join the ranks of environmental public interest litigation, and it can also play an important role to publicize and encourage individuals, organizations, enterprises and the whole society to protect the environment.