Research On The Civil Special Procedure Rules Of The Environmental Citizen Suit

Along with the high-incidence of environmental risks,the value of ecological benefits which directly impaired by the environmental accidents have been increasingly prominent and the environmental citizen suit system has been produced and improved because of the protection for ecological benefits.With the constant improvement of laws and judicialinterpretations,environmental citizen suit system has gradually possessed the legal base,but the particularity of its proceedings in the judicial practice also has gradually highlighted and therefore has tested the applicability of the existing legal system constantly.In order to better adapt to the special requirements of environmental citizen suit,we need to explore and gradually establish the special procedure rules of environmental citizen suit.This both satisfy the social development and the need of social reality,and embody law's REFLECTION nature.In this paper,the research objects,several problems about the special procedure rules of environmental citizen suit,includes the plaintiff main body,the jurisdiction of the court,the burden of proof and proof standard,studies the judgment and execution,etc.The first research subject is about the plaintiff subject to environmental citizen suit.From foreign legislative cases,we found that they seldom only adopt single social subject to exercise litigation right but provide several social subjects of complementary relationship with litigation right to cooperatively solve the problem of ecological damaged interests.Thus,on the one hand,our country should soften the terms of social organizations to institute environmental citizen suit,and also give social organizations correct guidance,encouragement and support to institute environmental citizen suit.On the other hand,our country should further clarify the role of procuratorial organs in the cases of environmental citizen suits,to make the procuratorial organs play roles of suitor,supervisor,and supporter in suits.In addition,the citizens and provincial governments,or the relevant departments and agencies designated by them,shall be eligible for the subject of environmental citizen suits with qualifications.The second research subject is the system of jurisdiction of the environmental citizen suit.First of all is to improve the level jurisdiction and to set downturn conditions of the level jurisdiction.On the one hand,it request that the case content is relatively clear and not difficult and grass-roots courts have corresponding judge ability.On the other hand,it is necessary to ensure that the court of intermediate people's court transferring theenvironmental citizen suit toward lower level court must obtain the consent of the parties.In terms of geographic and exclusive jurisdiction,we should draw lessons from the jurisdiction of the "long arm" system,combining territorial jurisdiction and exclusive jurisdiction,actively play the role of exclusive jurisdiction,but areas with environmental protection courts enjoy priority outside the extent of exclusive jurisdiction.The third research subject is the standard of proof and the burden of proof of environmental citizen suit.We should reference the theory of continental law and Anglo-American law system to give better guidance on the judicial system in the parts of the standard of proof and the burden of proof.In addition,in judicial practice,we should pay attention to improve the probative ability of the plaintiff,so that he can be actually equivalent to the defendant.Thus,it is important to make clear the assistance duty of the procuratorial organs and the relevant departments on evidence collection,to make clear the conditions of courts collecting evidences by themselves,and improve the system about expert witness.At the same time,it is important to play the role of judges' discretion by the system of the open system of evaluation of evidence and collegiate system.The fourth research subject is the judgment and execution of environmental citizen suit.We shall refer to environmental restoration system of continental law system in the terms of the defendant's environmental restoration obligations or environmental restoration fees payment obligation,when the actual restoration costs are not consistent with the restoration costs ruled by court,you can set up the environment public welfare fund to solve the problem that the defendant cannot afford the costs of restoration.It is important to strengthen the management and supervision of the ecological environment restoration and to ensure the progress of the restoration and the final results,to further perfect the relevant matching measures and ensure the strictly implement of the judgments of the environmental cases and improve the execution phase review system,so that the judge can regularly return visit to the specific implementation process of the environment restoration plan,to ensure that restoration work be done.