On The Scope Of The Case Of Civil Public Interest Litigation In Ecological Environment

Benzene Pollutions of the Songhua River in 2005 and of drinking water sources of Lanzhou City recent caused by the oil spill, which led to damage to eco-environment, be dangerous to drinking water sources and threaten to health of people. Many cities of our country have continued lots of days under fog and haze in this year. So damages of eco-environmental public interests come to wide attention. It is urgent that academics study legal protection, preventability and relief of eco-environmental public interests, rethink the theories of traditional litigation and people need to improve eco-environment which juridical practice will be realized. The case scope of eco-environmental civil public interests litigation is key role to enforce eco-environmental civil public interests litigation system. Because the case scope is the rule about the protection scope and extent.The case scope is embody of the cases of eco-environmental civil public interests of judicial administrative right, is also the behavior of damages of eco-environmental civil public interests which are tried by court. The meanings of studying the case scope of eco-environmental civil public interests litigation are to define the specific and operable standard which court accept eco-environmental civil public interests case, protect eco-environmental civil public interests and realize environmental right.The author uses comparative analysis method, comprehensive analysis method and case analysis method to study,based to define of some concepts about the case scope of eco-environmental civil public interests litigationThis study, except the introduction and the conclusion, includes the body of content.The first part:Definition of some concepts about the case scope of eco-environmental civil public interests litigation includes eco-environmental damage, environmental right, eco-environment, eco-environmental public interests, eco-environmental civil public interests litigation and the case scope. The second part:Looking up our country current laws to find bases, contrasting and analyzing different standards of the case scope among regulatory rules set up by local court. The third part:Definition of the case scope of eco-environmental civil public interests litigation via mode, influencing factor and content. The case scope eliminates the cases which are bought by the behavior of environment violating rights and protection of national security and public security.The innovation of this study is that academics at home and abroad have little studied about the case scope of eco-environmental civil public interests litigation. Based article fifty-fifth of The Civil Procedural Law of the Peoples Republic of China and to be behalf of juridical practice, this study defines the case scope of eco-environmental civil public interests litigation. This study is the first time in this field to have an inventive mind via contrasting and analyzing different standards of the case scope among regulatory rules set up by local courts and people's procuratorates.