Analysis Of Xie And Others' Civil Public Interest Litigation On Destroying Woodland

Xie and other four people of Fujian province dumped stone without authorization of Woodland license and other procedure,severely damaged the 28.3 mu of forest land vegetation.Friends of Nature and Fujian Green Home Environment Friendly Center sued them for damage of environment.Court of first instance ruled that Friends of Nature and Fujian Green Home Environment Friendly Center are proper plaintiff,Xie and other four people severely damaged forest vegetation should take liability of environmental tort,so order the respondent resume the function of forest land Within a certain time limit,if they can't recover forest land vegetation,they should assume joint responsibility of compensation of ecological environment repair costs 1.1 million yuan probably,and compensation of ecological service function loss of 1.27 million yuan probably.Xie and other four people appeal to the court of second instance,but appellate court keep it.The focus of controversy in whether Friends of Nature is proper plaintiff and the respondent should assume all the environmental tort liability,and what kind of specific environment tort responsibility should be assumed.Article Combined with both sides and judicial practice of the specific legal issues on civil environmental public interest litigation,The Final Analysis Conclusion from the legal interpretation,the comparison of the general tort liability and environmental tort liability,environmental tort liability:In the judicial practice we should dealing with the civil environmental public interest litigation plaintiff qualification rational teleological interpretation,tort-feasor shall take all environmental tort liability,under the condition of insufficient in our country existing law should build ecological compensation mechanism as soon as possible.