Research On The Transfer System Of Attorney Fees In Environmental Civil Litigation Of Public Interest

The role of lawyers in China's environmental civil-public interest litigation is self-evident.The participation of lawyers may even influence the direction of lawsuits.In practice the amount of lawyers' fees is often relatively large.The social organizations bring environmental civil public interest lawsuits whether or not they win or lose.To face a high loss of legal fees,the issue of legal fees has become an obstacle to social organizations filing lawsuits.The judicial interpretation of China's environmental civil public interest litigation stipulates that the plaintiff's reasonable attorney's fees can be borne by the defendant.It is a preliminary attempt of the legal fees transfer system in the environmental civil public interest litigation field in China,but the judicial interpretation rules are relatively simplified,lacking clear applicable conditions and cost standards.Need to be improved.In addition to the introduction,this article consists of four parts.The first part is the basic connotation of the attorney fee transfer system.First,it defined the concept of the attorney fee transfer system,clarified two specific types of attorney fee system,and secondly,it thoroughly analyzed the characteristics of the attorney fee transfer system.The attorney fee transfer system was used as a compensation system to distinguish from civil fines.And the parties involved in the lawsuit need to apply to the court.The court can reasonably determine the attorney fee transfer amount according to the trial situation of the case and the litigant's request.The second part analyzes the feasibility of using legal fees transfer system in China's environmental civil public interest litigation.The characteristics of environmental civil public interest litigation determine the necessity of lawyer participation in the litigation.Attorney fee transfer system also has the function of motivating social organizations to initiate public interest litigation.It is of positive significance for solving the problem of China's environmental civil public interest litigation filing.In practice,Western countries have more comprehensive provisions on attorney fee transfer systems.For example,German group altruism litigation,the US Environmental Citizenship Litigation provides for a comprehensive system of legal fees transfer,and it is applicable to the legal fees transfer system in China's environmental civil public interest litigation.Positive reference.The third part analyzes the problems in the application of legal fees transfer system in China's environmental civil public interest litigation.In practice,due to the lack of legalprovisions,the applicable legal fees transfer system lacks clear criteria for application and attorney fees,making it practical.The lack of complete system rules and theoretical basis for judges to exercise their discretion is not conducive to the relative unity of the referee scale,leading to unfair referee results in practice,and the application of one-way attorney fee transfer system,ignoring the rights of the defendant and violating the legal principles of fairness and justice.The fourth part deals with the issues raised in the third part to elaborate the path to improve the legal fees transfer system in the public interest litigation field.To elaborate the legal provisions concerning the content of the attorney fee transfer system,improve the applicable conditions and cost standards applicable to the attorney fee transfer system,form a complete system and theoretical basis,and apply limited lawyers in the field of environmental civil public interest litigation in China.Fee transfer system,giving defendants the right to apply for legal fees...