Difficulties And Countermeasures Of Environmental Protection Organizations' Participation In Environmental Public Interest Litigation

The promulgation and implementation of the "Civil Procedure Law of the People's Republic of China" in 2012(hereinafter referred to as "Civil Procedure Law")and the newly revised "Environmental Protection Law of the People's Republic of China"(hereinafter referred to as "Environmental Protection Law")in2015 Public interest litigation provides a legal basis.From 2012 to 2019,the first case of environmental public interest litigation after the new "Environmental Protection Law" came into effect-"Fujian Lvjiayuan Environmental Friendly Center,Beijing Chaoyang District Friends of Nature Environmental Research Institute v.Xie Zhijin and other four people destroyed the woodland From the "civil public interest litigation" case to various environmental public interest litigation cases in recent years,China's environmental protection organizations have experienced winning and losing in the process of participating in environmental public interest litigation.From these journeys,we must realize that there are still many shortcomings when environmental organizations participate in environmental public interest litigation.Environmental organizations must learn from their successes and failures,seize opportunities,and take advantage of external policies and social With support,improve your professional ability and make continuous progress.In order to find out the shortcomings and difficulties of China's environmental protection organizations in participating in environmental public interest litigation,the author studied and sorted out 146 judicial documents searched with the keyword"environmental public interest litigation" from 2012 to 2019,and looked for environmental organizations from judicial documents Participate in the dilemma of the participation process and the deficiencies of the environmental protection organization,and summarize and analyze them,and finally put forward suggestions for solving these dilemmas and deficiencies.The body of the article is roughly divided into the following parts:The first part is from the perspective of the necessity and feasibility of environmental protection organizations participating in environmental public interest litigation.The necessity of environmental protection organizations participating in environmental public interest litigation is to make up for the shortcomings of environmental public interest litigation filed by China's environmental management system and statutory authorities.Public welfare and professionalism,as well as the provisions and permits of Chinese laws,provide feasibility for environmental protection organizations to participate in environmental public interest litigation.The second part analyzes and analyzes the current situation reflected in China's judicial documents,analyzing the number of cases,the main body of prosecution,the acceptance of cases,the burden of proof,the results of judgment,the trial mode,etc.,and concludes that the current status of environmental public interest litigation in China is roughly The following are:(1)On the subject of the prosecution,the number of environmental public interest litigation filed by environmental protection organizations in China is small;(2)On the burden of proof,it is difficult for environmental protection organizations to raise evidence when they file environmental public interest litigation.In view of the weakness of the environmental protection organization itself,it is difficult to compare with the procuratorial organ's ability to investigate and obtain evidence.The environmental protection organization is more difficult to obtain evidence and provide evidence;(3)The environmental public interest litigation filed by the environmental protectionorganization in the judgment result is settled by mediation and reconciliation;(4)In the trial mode,the environmental public interest litigation filed by environmental protection organizations mostly ends in the second instance.It can be concluded from the analysis of judicial documents that the phenomenon of final and even retrial in the second instance is more prominent in the case trial.Here we use a case tried by the Intermediate People's Court of Jinan for explanation.Through these aspects,the current status of environmental protection organizations participating in environmental public interest litigation can be displayed in many ways.The third part summarizes the predicament of environmental protection organizations participating in environmental public interest litigation.There are three main aspects.The first aspect is that the strict regulations of our country 's management system make it difficult for some environmental protection organizations to obtain legal status.The number of environmental protection organizations that are eligible to file environmental public interest litigation is relatively small.Second,the "strict" and "wide" litigation systems make it difficult for environmental protection organizations to participate in environmental public interest litigation.,The lack of supporting mechanisms after the complaint,etc.The last aspect is the lack of internal soft and hard power,which makes it difficult for most environmental protection organizations to meet their litigation ability.The environmental protection organizations themselves have problems such as insufficient professional behavior,weak financing capacity,and environmental protection organizations.Lack of cooperation and so on.The fourth part is to put forward practical solutions to these dilemmas and make good ideas for the development of environmental protection organizations.One is to reform the management system and moderately loosen up the environmental protection organizations;the second is to improve the litigation system to ensure the full participation of environmental protection organizations.Litigation,such as improving the legal regulations related to the participation of environmental organizations in litigation,relaxing restrictions on the qualifications of plaintiffs in environmental organizations,improving the burden of proof of environmental organizations in public interest litigation,establishing a reasonable burden mechanism for litigation costs,and improving supporting mechanisms after lawsuits,so that environmental organizations dare to dare Prosecution,etc.;Third,strengthen internal hematopoiesis and external blood transfusion,enhance environmental organizations' litigation capabilities,encourage environmental organizations to self-development and self-improvement,enhance professional litigation capabilities and fund raising capabilities,strengthen cooperation,and seek development in cooperation.