The Mode Choice Of Environmental Public Interest Litigation In China In The Logic Of Collective Action

At present,the mode of environmental public interest litigation established in our country is the "dual coexistence" litigation mode of environmental civil public interest litigation and environmental administrative public interest litigation.From the perspective of collective action logic,through the material analysis,we find that the current "dual coexistence" model of environmental public interest litigation mainly has the following shortcomings: first,the natural persons of interest subjects are excluded from the litigation subjects;second,the lack of motive force of plaintiff's game;third,the members of non-interest groups in litigation are highly expected.To break through the current dilemma of environmental public interest litigation,we should change the "dual coexistence" mode of environmental public interest litigation to the "New Environmental Administrative Public Interest Litigation" mode.Under the new mode of environmental administrative public interest litigation,stakeholders should be the supervisors and participants of environmental public interest litigation,eliminate the pressure of public authorities,improve the system of interest ownership and distribution,stimulate the enthusiasm of participation in environmental public interest litigation,shorten the cycle of environmental public interest litigation,and effectively combat environmental pollution damage.