Environmental Civil Public Interest Iitigation Referee Enforcement Eystem

As an important judicial system for the relief of environmental public interests,environmental civil public interest litigation has long been a topic of intense research in China's theoretical circles and litigation practice.In 2012,after the public interest litigation was written into the Civil Procedure Law,it achieved great breakthroughs and developments in the system improvement and judicial practice of China.However,the implementation effect of China's environmental civil public interest litigation system is not satisfactory at present.The main reason is that the implementation management mode of the enforcement of environmental civil public interest litigation in China is confusing,the implementation measures are not proper,the implementation supervision system is not perfect,and the implementation work lacks perfect system norms.Guide.If you want to realize the value of environmental civil public interest litigation system and protect the public interest of the environment,it is imperative to construct a unified and complete environmental civil public interest litigation enforcement system to ensure the effective implementation of judgments.This paper firstly uses the basic theory of environmental civil public interest litigation judgment,such as meaning,characteristics,dissent,etc.as the starting point of the research,empirically examines the actual situation of the implementation of environmental civil public interest litigation judgment in China,and analyzes and summarizes the problems in the execution of judgment.At the same time,earnestly study the theoretical research results and the legislative and judicial practice experience in relevant fields in foreign countries,and use this as a basis for reference,and put forward the problems and feasibility of the implementation of the environmental civil public interest litigation judgment in China.It is recommended to effectively realize the institutional purpose of environmental civil public interest litigation system to protect the natural ecological environment.In addition to the introduction and conclusion,this paper explores and discusses the research on the implementation system of China's environmental civil public interest litigation judgment in four parts:The first part is a theoretical overview of the implementation of environmental civil public interest litigation judgments.Firstly,the basic meaning of the execution of environmental civil public interest litigation judgment is briefly introduced.Secondly,the characteristics of environmental civil public interest litigation judgment execution are analyzed in detail,including the public welfare of execution purpose,the mixed content of execution content and the conversion of execution target.Finally,generalization Summarize the significance of the implementation of environmental civil public interest litigation judgments.The second part is an empirical investigation of the implementation of China's environmental civil public interest litigation judgment.Firstly,through the Chinese refereeing documents network,collect some typical cases of environmental civil public interest litigation in China,analyze and summarize the main methods of judgment responsibility of environmental civil public interest litigation in China;secondly,combined with the judicial practice of the execution of various local environmental civil public interest litigation judgments,From the three aspects of the management mode of judgment execution,the specific measures of judgment execution,and the judgment execution supervision system,the empirical investigation and analysis of the execution of environmental civil public interest litigation judgment in China is carried out.The third part is the problem of the implementation of the judgment of environmental civil public interest litigation in China.Combined with the above-mentioned empirical investigation and analysis of the implementation of China's environmental civil public interest litigation judgment,it reveals the problems existing in the construction and practice of the environmental civil public interest litigation judgment in China,and summarizes the causes of the problems.If the system construction lags behind,there is no standardized guidance for the implementation of judgment execution;the implementation management is not standardized,the executive management body and the executive start-up body are not clear;the implementation measures are targeted,the effectiveness is insufficient,the application of environmental protection prohibition measures is not standardized,and the ecological restoration funds are Management and use of the main body chaos,huge environmental damages compensation costs are difficult to implement in place.The fourth part is the improvement of the enforcement system of environmental civil public interest litigation judgment in China.In response to the above problems in the implementation of China's environmental civil public interest litigation judgments,put forward opinions and suggestions in a targeted manner.Such as summarizing the implementation of practical experience,the introduction of normative laws and regulations,complementing the lack of loopholes in the system norms;improving the implementation of the first implementation and environmental protection ban system,achieving preventive protection of environmental resources;standardizing the management and use of ecological environment restoration funds to ensure effective use of ecology Environmental restoration;the establishment of a complete implementation supervision system to ensure that the judgment of the public interest in the maintenance of the environment can be effectively implemented.