Research On Request Of Environmental Public Interest Litigation Filed By Social Organization

Enjoying a good living environment and a good ecological environment are the rights that every citizen should enjoy.At present,China's relevant environmental laws and regulations do not specify the environmental rights and interests of citizens.However,since the 1960s,the theoretical community has been continuously discussing the environmental rights of citizens.From the theoretical development to the practical development,the protection of citizens' environmental rights and interests has become a common understanding in the environmental field in China.The environmental civil public interest litigation system is a fruitful achievement in the practice process.Environmental civil public interest litigation is mainly based on the environmental rights of citizens.The basic functions are hazard prevention,the relief of citizens' environmental rights and the filling of damages.Article 55 of the Environmental Protection Law of the People's Republic of China(hereinafter referred to as the Environmental Protection Law)clearly gives eligible social organizations the right to file environmental civil public interest litigation.At the same time,Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Welfare Litigation Cases(hereinafter referred to as Environmental Civil Public Welfare Litigation Interpretation)provides the main content of social organizations in filing environmental civil public interest litigation.Basically related to environmental civil liability methods.The above-mentioned laws and regulations are mainly aimed at damaging the ecology and polluting the environment,and have already produced serious negative externalities to the public interest.However,what kind of lawsuit requests can be made by social organizations are not clearly stipulated by laws and regulations,and there are no uniform standards in practice.According to the relevant tort theory and corresponding practice,the civil legal responsibility that the defendant or responsible party that destroys the ecological environment should bear is the specific way that the social organization can submit the litigation request.Based on this,the main purpose of this paper is how to effectively file litigation requests from social organizations in relation to environmental civil public interest litigation,and sort out 37 cases of environmental civil public interest litigation that were concluded in 2015-2018,and analyze the responsible party or defendant's response to the environment through the case.The legal responsibility is to push forward public interest lawsuits of social organizations,and then put forward specific suggestions for improving the operability of litigation requests filed by social organizations in environmental civil public interest litigations,with a view to achieving social organizations to maintain the ecological environment and safeguarding the interests of the public society,and eventually achieve the goal of environmental civil public interest litigation.The main content of this paper is divided into four parts.The first part is the introduction part,which systematically introduces the research background,significance,research status at home and abroad,and research plans.The second part analyzes the legal status of environmental civil public interest litigation brought by social organizations.This section begins with a general overview of the submission of lawsuit requests for 37 cases of environmental public civil litigation cases filed since the new Environmental Protection Law confirmed the qualifications of public organizations for public interest litigation in 2015,and described the social organization in the judicial practice to bring environmental civic Basic types of litigation requests in public interest litigation,and details the court support for each litigation request filed by social organizations.Specifically,for the prevention of litigation requests,the support rate for courts is high,and through expansionary referees' support for restorative litigation requests,the rate of ecological damage compensation is low,and the referee for personality recovery requests is poorly enforceable.The third part is the analysis of the problems and reasons for the social organizations' requests for environmental civil public interest litigation.The main problems are:the preventive claims fail to play their due role,the recovery claims are difficult to enforce,the claims for compensation claims are too narrow,and apologies are not sufficient to punish environmental violations.The reasons for this status quo mainly include:the existence of interests and functional positioning difficulties in preventive litigation requests;the lack of systematic thinking in restorative litigation requests;the types and scope of preventive,recoverable,and compensatory litigation claims are different and are subject to the current tort liability.The fourth part is the related thinking about the litigation requests filed by social organizations in environmental civil public interest litigation.It is mainly elaborated separately from the aspects of social organizations and the judiciary.From the perspective of social organizations,they should adopt the basic concept of litigation purposes and the realization of environmental public interests when proposing,coordinating,changing,abandoning,and reconciliation.On the other hand,the judicial organs review,coordinate,support,and change social organizations.The initial request for litigation should be fully explained and elaborated,and should be used as a guide for corrections.Social organizations should be given the correct guidance on environmental civil public interest litigation in order to achieve social welfare and public interest litigation goals.The judiciary should have a good grasp of expansionary jurisdiction.The borders are treated with discretionary judicial discretion,so as to make reasonable judicial decisions.