On The Interpretation Of Environmental Civil Judicial Interpretation And Its Application

In order to further explain and apply the new environmental protection law,the Supreme People's court and the Supreme People's Procuratorate issued and implemented a series of judicial interpretations.Including the on the trial of civil environmental public interest litigation case applicable legal interpretation,the on the trial of environmental tort liability dispute case applicable legal interpretation.The two environmental civil judicial interpretation issued,not only the environmental public interest litigation system has done a lot of detailed provisions,but also on the environmental tort liability has also made a further refinement clear,has an important significance for guiding judicial practice,but also represents China's environmental civil judicial interpretation system is basically formed.However,the judicial interpretation in the process of the application also appeared for the difficulties,to a certain extent,including:public interest litigation judicial interpretation scope stipulated;.conflict infringement disputes in judicial explanation tort of omission and third fault liability;environmental tort burden of proof applicable scope and judge evidence of unknown functions.These problems bring great inconvenience to judges who hear cases in the process of judicial practice,causing great distress to individuals and organizations whose rights and interests are violated,which is even more harmful to the overall situation of environmental protection in China.The above problems from the following suggestions:first,a clear scope of environmental public interest litigation judicial interpretation;second,increase the provisions of tort tort disputes in judicial interpretations;third,the responsibility of the third person infringement dispute in the judicial interpretation to improve commitment;fourth,clear liability for environmental tort burden scope and judge evidence responsibility.Only by constantly studying and constructing more reasonable and feasible environmental civil laws and regulations,improving the application of environmental civil judicial interpretation,can we get wider and wider the way to protect the environment and ecology.