Research In UK Environmental Public Nuisance Litigation

Nuisance is a form of tort in Anglo-American law.In UK, nuisance is one of the twenty-five tort acts,it is a tort that break the law, disrupts,intervenes or damages. In the early development of nuisance in the UK,it belongs to the adjustment range of property law, but with the development process of urbanization and industrialization, there have been a number of environmental problems, then the environmental nuisance appear. At the beginning of the development, there is environmental private nuisance,to solve the environmental nuisance between the neighboring land. With the further development of industrialization, the environmental problems are aggravated, and the environmental problems between non-neighboring land appear gradually.According to the public nuisance, environmental public nuisance appear.Environmental public nuisance litigation is a important form of solving environmental public nuisance,plays an important role in solving environmental public nuisance.Environmental public nuisance is the environmental nuisance impacts public environmental right between neighboring land or non-neighboring land.It effects the public environmental comfortable,it has contact with environmental private nuisance,and there are also some difference. Attorney general , non-governmental environmental organizations and citizen who suffer special damage can be the environmental public nuisance litigation's plaintiff.The sue premises of attorney general and non-governmental environmental organizations are factual environmental public nuisance actions,beyond the sensitivity.Citizen sue environmental public nuisance need another premise,he shoud suffer special damage .Attorney general can sue himself,citizen and non-governmental organizations can sue in the name of attorney general though private attorney general.Non-governmental environmental organizations experience a difficult development, have organizational advantages, professional advantage and a lot of experience in judicial practice,to qualify as the plaintiff,make great contribution to environmental public nuisance litigation.Citizen who suffer special damage can be the environmental public nuisance litigation's plaintiff though Rose Theater case.According to the severity of the degree of nuisance,the way to undertake the responsibility of environmental public nuisance is made by the defendant in four ways, such as making a commitment to the defendant,compensation for the loss, a fine and prohibition.Through the research in UK environmental public nuisance litigation,reveal us should balance the relationship between the public environmental rights and economic development; establish environmental public nuisance system, protect the public environmental rights and environmental comfort;solve environmental public interest and private interest in one environmental litigation, saving judicial resources; establish environmental public nuisance litigation incentive and protection mechanism, to encourage public participation in environmental public nuisance litigation.