On Environmental Civil Public Prosecution Filed By China's Social Organizations

At present,the rapid economic development of our country has made remarkable achievements,but we should realize that in the process of development,the behavior of infringing on the public interests of the environment still occurs frequently,which seriously endangers the life safety and property interests of people.In order to combat the harmful behavior of polluting the environment and destroying the ecology,the current Civil procedure Law added article 55 when it was revised in 2012,which for the first time defined the basic framework of the environmental civil public interest litigation,and made up the blank of the system in our country's legislation.And the establishment of social organizations environmental civil public interest litigation plaintiff subject qualification.According to the present situation of practice,the social organizations in our country are now trapped in the disunity of the standard of the court's qualification to sue.Social organizations do not want to sue,social organizations difficult to investigate the plight of evidence.The main reasons are that the legislation is not perfect,the litigation cost is too high,and the safeguard mechanism is not perfect.These factors lead to the obstruction of social organizations in safeguarding environmental public interests,which is not conducive to the development of environmental civil public interest litigation in China.Only by solving the above problems can we safeguard the environmental public interests and protect people living in green water and green mountain ecological environment.On the basis of practical cases,this paper analyzes the deep causes of the existing problems and puts forward some related problems,focusing on the current situation and problems of the environmental civil public interest litigation initiated by the social organizations in our country.The purpose of this paper is to provide countermeasures for judicial practice and suggestions for safeguarding environmental public interests.The full text is more than 34000 words,except for the introduction,the article is divided into four parts:The first part studies the basic legal principles of environmental civil public interest litigation initiated by social organizations in China.On the one hand,explain the relevant theoretical concepts,such as public interest litigation,private interest litigation,environmental civil public interest litigation.On the other hand,the legitimacy of social organization as plaintiff is analyzed and demonstrated from three angles: legislative basis,theoretical basisand practical basis.The second part puts forward the extant environmental civil public interest litigation initiated by social organizations in China.Question On the basis of understanding the legislative provisions and fully combining the practical cases and data,this paper abstracts the existing problems of the research subject mainly in three aspects: the court does not unify the standard of suing qualification of the social organization,the will of the social organization to sue is not strong,It is difficult for social organizations to investigate and obtain evidence.The third part deeply analyzes the reason of the existing problems."the right remedy" is the fundamental way to solve the problem.Only by analyzing the cause of the problem comprehensively,can the solution be put forward.Based on the beneficial experience of foreign countries and the deep analysis,this paper sums up the origin of the existing problems of the environmental civil public welfare lawsuit brought by the social organizations in our country.The main reasons lie in three aspects: first,imperfect legislative provisions;second,too high litigation costs;third,inadequate safeguards.The fourth part puts forward the suggestion of perfecting the environmental civil public interest litigation of our social organization.Based on the basic national conditions of our country,this paper investigates the practice of environmental public interest litigation filed by social organizations of the United States,Germany and India,absorbs and draws lessons from other countries' beneficial experience and puts forward some suggestions for perfection.First of all,starting from the improvement of legislative provisions,through the revision of legislation and other ways to clarify the social organization prosecution conditions;second,improve the mechanism of litigation fees in China,the environmental civil public interest litigation initiated by social organizations to carry out piecemeal litigation Finally,strengthen the safeguard measures,through the system,funds and strengthen the investigation and evidence to be improved.