Research On The Charging Rules Of Social Organization Environmental Public Interest Litigation

Environment is the foundation of human survival.If we do harm to it,we do the same thing to our body.However,some people in our society have a little even no awareness of it.They discharge a large number of pollutants and destruct woods frequently in the way of avoidance of responsibility,which is caused by a lack of strict supervision.Therefore,people get down to using their social rights to protect environmental rights by legal means,which brings forth the environmental public interests litigation.Although there is a complete system of environmental public interests litigation in our country,it does not function well as expected due to the weakness of existing charging rules of litigation fees.Unreasonable charging rules burden plaintiff and financial source of environment-protecting groups in our country is weak,so it is difficult to start a lawsuit procedure and to investigate and collect evidence for plaintiff,which reduce plaintiff ‘s motivation and even discourage him to suit.The reason for the high litigation fee can be listed as follows: firstly,the big monetary value of environmental cases causes a high court acceptance fee.Secondly,appraisal costs involved in the process of investigating and collecting evidence of environmental cases adds the whole amounts.Last but not least,the financial source limitations fail to afford the tens of thousands or hundreds of thousands of Yuan.Therefore,how to deal with this problem and what kind action should we take?This thesis analyzes some environmental cases of our country based on financial condition of environment-protecting groups and finds the difference between environmental public interests litigation and those tradition ones.There are many shortcomings of common civil litigation charging fees such as reduction of plaintiff’s motivation if it used in environmental public interests litigation cases in our country.The thesis aims to establish the new charging rules of environmental public interests litigation according to its characteristics,which is divided into two different parts afforded by to varied subjects,namely,government and case plaintiff based on the existing Measures on the Payment of Litigation Costs and related Judicial Interpretation.I wish my humble suggestion could do some benefits to improve our existing rules.