The Study Of The Incentive Mechanism Of Environmental Public Interest Litigation

As the set of environment public interest litigation and a series judicial interpretation,the fundamental structure of environment public interest litigation have already achieved huge success.Under the guidance of those provisions of law,many provinces of our country have been constantly innovation,protecting the public interest and restoring the ecological environment.But the plaintiff has no direct interest relationship with the litigation he has already instituted,which is different from the traditional parties.In traditional environment public interest litigation,the plaintiff has three identity,the victim,the spokesman and the beneficiaries,varies from the environment public interest litigation,in which the plaintiff is only the spokesman and has no profit with the litigation.All of these will weaken the confrontation and the plaintiff will not try his best to participate in litigation activities if he meet some difficulties.Meanwhile,the plaintiff is the vary victim and the vary beneficiary in traditional environment public interest litigation.In this litigation of the separation of the structure of the parties,we must have a incentive mechanism.The incentive mechanism of environment public interest litigation can stimulate the institutes that has no direct interest with the litigation to lodge a complain and protect the plaintiff'all rights in legal procedure,which can achieve the goal of protecting the environment and restoring the broken ecology system.In the perspective of the separation of the structure of the parties and base on the provisions of law and the judicial practice,the author have a specific analysis of the foreign typical national environmental public interest litigation incentive measures,using various research methods of comparative analysis,economic analysis.Hope that through the establishment of environmental public interest litigation,special fund guarantee rules to solve the problems in the process of litigation.Combined with the fund and the financial accounts,we want to clear the belongings of the interest of litigation and give the winner of the plaintiff a certain spiritual and material incentives.Meanwhile,we want to improve the system of Chinese legal aid and encourage more public lawyers participate in environment public interest litigation.The author want to make a contribution to the establishment of the incentive mechanism of environmental public interest litigation.