The Empirical Study Of Environmental Civil Public Interest Litigation

The theoretical research and judicial practice of environmental civil public interest litigation became more active since the improvement of environmental awareness and the gradual perfection of the legal system.Jiangsu province,as a pilot area of environmental civil public interest litigation determined by the Supreme People's Court and the standing committee of the National People's Congress,ranks top in the practices of environmental civil public interest litigation,which was a typical sample in the research.Thus the author concludes the cases of Jiangsu province in this field for research by collecting data and analyzing of the basic elements and taking statistical analysis of research methods on the geographical distribution of the civil environmental public interest litigation,litigation subject structure,type of environmental problems involving lawsuit and the plaintiffs claims a summary on the aspects of refining.Based on the conclusion of data statistics,Jiangsu province has made remarkable achievements in the practice of environmental civil public interest litigation,including the substantial increase in the number of cases accepted,the diversity of types of plaintiffs,the wider range of defendants,and the complexity of the types of environmental pollution and ecological damage.What's more,this paper focuses on the analysis of four problems in judicial practice:the lack of the plaintiffs will to sue,the unreasonable setting of the litigation procedure,the imperfect specialized trial mechanism and the imperfect public participation mechanism.Furthermore,suggestions are put forward for the improvement of environmental civil public interest litigation system,including moderately lowering the participation threshold,promoting the cooperation between environmental organizations and universities,optimizing the litigation procedure,streamlining the structure of environmental court,promoting the application of Internet+trial,and strengthening the public participation mechanism.