The Analysis Of The Civil Public Interest Litigation: A Case Of Changzhou People’s Procuratorate On Xu

Xu and his partners of Changzhou City engaged in the washing of waste resin and oil barrels without processing business licenses and the Permit for operation of dangerous wastes,and discharged the waste water and waste residues generated during the process of washing waste barrels directly to the surrounding environment,cause serious environmental pollution.The Changzhou Municipal People’s Procuratorate has brought a lawsuit to the court by this fact,demanding that Xu and his partners assume the responsibility for for environmental pollution infringement.The focus of the dispute in this case are listed as follows:1)whether the Changzhou People’s Procuratorate can file a civil public interest litigation on this case;2)whether there is a consequence of environmental pollution damage,whether there is a causal relationship between the defendant’s pollution behavior and damage outcome;and 3)whether the calculation method for the environmental pollution restoration fee is reasonable.From the analysis of the constituent elements of environmental civil public interest litigation,the way of identifying the consequences of environmental pollution damage,and the perspective of causality presumptions,following points were made with the views of the original defendant.The connotation of public interest should be clearly defined in the environmental civil public interest litigation judicial practice,The connotation of public interest should be clearly defined in the environmental civil public interest litigation judicial practice,and the abstract environmental pollution damage characteristics should consider the specific environmental damage judicial appraisal documents,opinions of expert assistants to determine the pollution damage as well as consequences.Causality between results should apply the principle of presumption of causation.