Research On The Implementation Of Environmental Civil Public Interest Litigation

Environmental civil public interest litigation is a relief system for environmental public interest.Since its publication,the system has attracted close attention from academia and practitioners.It has made great progress and breakthroughs in China's practical operation and local norms.But for now,the implementation of environmental public interest litigation in China is not very effective.One of the sticking points is that there are some legislative and judicial constraints in the implementation of environmental public interest litigation in China.This article from the environmental civil litigation execution as the starting point,combined with the analysis and Research on China's environmental civil public interest litigation and the actual situation of the implementation of typical cases,referring to foreign legislation and practical experience,and finally puts forward suggestions targeted to China's environmental public interest litigation in civil execution,in order to look forward to in China the environmental civil public interest litigation execution play a role in promoting development.In addition to the introduction and conclusion,this article is divided into four parts to discuss the implementation system of environmental civil public interest litigation.The first part is an overview of the implementation of environmental civil public interest litigation.The meaning and characteristics of the environmental civil litigation,secondly elaborated the meaning of implementation of environmental civil litigation,the characteristics of environmental public interest litigation in civil execution is described,finally the environmental civil litigation execution significance.The second part is the implementation system of environmental civil public interest litigation in the two legal system countries.A simple exposition of the Anglo American law system countries related to environmental public interest litigation in the implementation of the system,and then describes the related system of the continental law countries,finally,in the system the similarities and differences between the two legal systems are analyzed,the improvement of the execution system in China from the enlightenment.The third part is the current situation and existing problems in the implementation of environmental civil public interest litigation in China.Elaborated on China's environmental civil public interest litigation in the legislation and judicial execution problems exist,summarizes the deficiencies existing in our system,such as environmental regulations,public funds in the course of the implementation of the lack of a unified regulations and lack of supervision mechanism of funds.The fourth part puts forward some suggestions on improving the implementation systemof environmental civil public interest litigation in China.The corresponding opinions and suggestions put forward issues on the implementation of China's environmental public interest litigation,such as perfecting the execution,on behalf of their personnel and the third party supervision cost,performance,and the source of funds,environmental public fund system in construction of executive supervision mechanism etc..In this paper,the four part of the paper,the analysis of our environmental civil litigation execution system deficiencies,and put forward the corresponding improvement suggestions on this basis,in order to implement environmental civil litigation system can play its role in the judicial practice of our country,safeguard social public interests.