An Analysis Of The Friends Of Nature And CBCGDF-ChanLong Environmental Public Interest Litigation

With the rapid development of the country' s social economy,especially for the heavy industry,that' s also resulted in environmental pollution accidents occurred very frequently.Although,there are many reasons can explain,the point was,no matter what of the reason was,the responsibility should be taken by the corresponding responsible person.However,the fact was,in the real judicial practice,when the victims of environmental pollution was taken a disadvantage position,or it' s hard to specify the actual victims that was affected by all damages,which leads to the absence of plaintiff,the results was,the polluters was not accountable for their victims and unpunished,while the victims was suffering.That's why,the environmental public interest litigation arises at this moment.The famous typical case of environmental public interest litigation,"Friends of nature" and "CBCGDF" sued Changlong,ChangYu and Huada,will be the main line of this essay.First,I would like to combine the case to make a detailed discussion on the public welfare identified of the environmental public interest litigation.This part would be started from two points,one was the concept of environmental public interest litigation,the second was how to distinguish the characteristics of environmental public interest litigation and private interest litigation environment.Also,try to find a way to solve the environmental public interest litigation was difficult to determine the characteristics of public welfare in the process of judicial practice by analysis of the project.Second,there are many ways of bearing environmental civil liability,so how the justice can be reflected was also the point to be discussed in this article,to specify the corresponding responsible person/group and how they should do.Third,there was the problem of effectiveness on environmental litigation was also questionable,as environmental pollution had its own particularity,the limitation of environmental litigation should also be different from other general civil litigation,this article will give an appropriate deadline of the environmental litigation for reference based on the discussions of the particularity.The last part would be extended to how to solve the environmental pollution problems and the high cost of litigation,also clarify the functional orientation of government's supervision of administrative enforcement and environmental public interest litigation.Then,the problem of high litigation costs in environmental public interest litigation was also analyzed with examples,and suggestions for proper reduction and responsibility sharing of litigation costs were given.On the basis of this,to solve the legal application of environmental public interest litigation,and truly realize the purpose and function of environmental public interest litigation.