Research On Civil Environmental Public Interest Litigation

The 2012 revision of the "civil procedural law" article 55 added public interest litigation system,written long-call for public interest litigation law.The 2014 revision of the "environmental protection law" article 58 further defined the civil public interest litigation subject qualification of the plaintiff.In January 2015,the supreme people's court on the trial of civil environmental public interest litigation cases to explain some issues of applicable law released,further clear about the court from the procedure and entity operating norms of civil environmental public interest litigation.Law explicitly that conform to the environmental public interest litigation the plaintiff main body of public welfare organizations Sue will improve.Also,the environmental public interest litigation case court increases.But,our country civil environmental public interest litigation practice start at the beginning of operation,can draw less lessons from the experience,have more specific problem in litigation.In this paper,we take a water pollution civil environmental public interest litigation as an example,from the case plea view analysis civil environmental public interest litigation in the disputes.Second,through to the public interest litigation and private interest litigation,jurisdiction over disputes,the relationship between civil liability and administrative responsibility,cross,the eligibility of the plaintiff,distribution of burden of proof and the standard of proof,the determination of environmental restoration funds,such as litigation costs for legal analysis,and empirical discussion combined with the case.Finally,from exploring the establishment of environmental public interest litigation special courts,let go of environmental public interest litigation plaintiff qualification limit,to set up the environmental pollution of punitive damages system,reduce the lawsuit cost,and environmental groups,the courts,the procuratorial organs,the administrative department of environmental protection in case their respective responsibilities,etc,put forward to perfect the civil environmental public interest litigation legislation and improve the practical operational countermeasures and Suggestions.