On The Existing Crux And Solution Of Environmental Public Interest Litigation In China

The environmental public interest litigation system is gradually established with the rapid development of industrialization which brings serious environmental pollution.Chinese economy has been developing rapidly since the reform and opening up.It is at a historical stage when the economic achievements are prominent and the pollution problems are frequent.Public attention to the environment has shifted from publicity and suggestions to litigation to solve some serious and urgent environmental pollution problems.Environmental litigation has also developed from a specific personal interest loss of civil litigation to environmental public interest litigation for the purpose of environmental protection.The continuous attention and lawsuits of citizens,environmental groups and the media on some environmental public interest have even prompted the relevant government departments to launch a series of measures such as accountability,governance and restoration.On the basis of the local environmental protection regulations and the establishment of environmental protection courts,China has formally established the environmental public interest litigation system,and the number of environmental public interest litigation cases has increased.Especially after the legislation clearly establishes the public interest litigation system initiated by procuratorate,the number of environmental administrative public interest litigation cases is huge and most of them have not entered the stage of trial.As the legislation is not clear,relevant institutional measures are not in place,there are still a lot of constraints in the specific process of handling the case troubling the development of environmental public interest litigation,such as who sues for environmental damage,how to obtain evidence,how to solve the difficulties of cost and execution of environmental litigation.At present,China is still in the stage of high incidence of environmental problems.As a means of putting environmental offenders in the dock through court proceedings,environmental public interest litigation can actually play a role of warning,punishment and prevention.This paper analyzes the crux of current environmental public interest litigation in China,takes the concept of cooperation as the key to solve the problem of environmental public interest litigation,explores the establishment of cooperation mechanism led by the procuratorate,and finds the solution.The first part of this paper describes the research background,research status and research methods of environmental public interest litigation.The second part discusses the concepts and characteristics of public interest litigation and environmental public interest litigation in detail,finds the special significance of environmental public interest litigation,and summarizes the characteristics of the system after its establishment and its practical significance for environmental protection from the judicial practice of environmental public interest litigation.The third part is to find out the crux and cause of environmental public interest litigation in China through the analysis of specific cases,and analyze the specific problems one by one,so as to find the defects of the system and the ways to remedy them.The fourth part discusses the solution of crux in the environmental public interest litigation which accords with the situation of our country and form a complete set,especially the procuratorate authorized by legislation has the public interest litigation subject qualification,defines the environmental public interest litigation plaintiff qualification in our country,perfects the mechanism of distribution of burden of proof,sets up the fund system of environmental public interest litigation and cooperation mechanism between the environmental public interest related departments,perfects before litigation procedure,establishes monitoring network of the environmental public interest and perfects the public supervision system,finds a feasible solution of the environment public interest litigation.