A Study On The Mechanism Of Cost Apportioning In Civil Environmental Public Interest Litigation

The cost of civil environmental public interest litigation impacts the process of environmental justice.The relationship between environmental public interest litigation and the protection of rights,the stability of the society and the judicial efficiency are more and more closely,so the civil environmental public interest litigation cost apportioning mechanism is an important factor to ensure the implementation of environmental public interest litigation system.In this paper,through the analysis of the legislation and judicial status of the cost apportioning of civil environmental public interest litigation,we can find that environmental organizations abandon litigation cases because of the high cost in recent years.Therefore,we must attach great importance to the litigation cost to solve the shortage of the cost apportioning mechanism,and construct environmental public interest litigation cost apportioning mechanism.Main ideas of this paper: first of all,this paper introduces the basic summary of the cost apportioning mechanism of civil environmental public interest litigation.Secondly,this paper analyzes the current situation and shortcomings of the cost apportioning mechanism of environmental public interest litigation.Finally,the paper puts forward some suggestions on improving the cost apportioning mechanism of civil environmental public interest litigation.The first part is an overview of the cost apportioning mechanism of civil environmental public interest litigation.This part is introduced from three aspects.The first aspect is to define "litigation cost","environmental public interest litigation cost" and "civil environmental public interest litigation cost apportioning mechanism".The second aspect is to demonstrate the necessity of establishing the cost apportioning mechanism of civil environmental public interest litigation from the perspective of the transformation of the sense of litigation,the protection of the parties' right of action and the realization of the environmental public interest litigation system.The third aspect is to put forward the principle of constructing environmental public interest litigation cost apportioning mechanism.They are the principle of the combination of public apportioning and social sharing,equality and following the law of market economy.The second part is about the current situation and deficiency of the cost apportioning mechanism of environmental public interest litigation.This paper analyzes the current situation of legislation and judicial status of China's environmental public interest litigation costs,and the main issues focused on four aspects.The first is the civil environmental litigation judicial reparation system;the second is the litigation cost shift system;the third is the cost of litigation adjudication relief mechanism;the forth is the lack of reward for the plaintiff.The third part is to improve the cost apportioning mechanism of civil environmental public interest litigation.This part is the key point,and puts forward some reasonable suggestions for the second part.The following aspects should be improved in this paper.First,expanding the scope and procedures of judicial reparation to improve the civil environmental public interest litigation judicial apportioning mechanism.Second,improving the litigation cost shift system to establish a reasonable losing party rules,and establishing special relief fund to reduce the cost of litigation parties.Third,improving the relief mechanism of litigation cost to ensure that the reasonable allocation of litigation costs of the parties.Forth,establishing a plaintiff reward mechanism to encourage more subjects to participate in civil environment public interest litigation.