Perfection Of Environmental Civil Public Interest Litigation System

In the process of social development,because of people's pursuing of the scale and mechanization of market economy,it is easy to produce environmental problems,such as pollution and destruction.In the process of economic development,China also needs to face with the challenge of environmental governance.Environmental governance involves all aspects of society,and it is a huge and complicated system for any country.At the same time,under the background of economic globalization,it is determined that environmental problems can not be a single country's problem,and it will inevitably become a worldwide problem.Judicial litigation is one of the basic forms and effective ways to solve environmental problems and protect the environmental interests of the state,society and the general public.It is also an important means for any country to protect environmental public interests.For China,it is no exception.Driven by the trend of global environmental governance and the popularity of this concept,the world has set off a wave of legislation upsurge.Environmental legalization is gradually forming and showing steady progress on this basis.The environmental legal systems of many countries are maturing on this basis.To protecting the ecological environment,series of laws and regulations have been erected in china.In 2015,the revised Civil Procedure Law and the Environmental Protection Law were promulgated.The relevant supplementary judicial interpretation of the above two laws,the Supreme People's Court's Opinions on Enhancing the Judicial Work on Environmental Resources in an All-round Way to Provide Strong Judicial Guarantee for Promoting the Construction of Ecological Civilization,and the Supreme People's Court's some judicial documents,such as the interpretation of the law concerning environmental civil public interest litigations,the interpretation of the Supreme People's Court of Several Issues on the Applicable Law in the Trial of Disputes over Liability for Environmental Tort,and the implementation measures for the trial of public interest litigation cases initiated by the People's Procuratorate by the People's Court,followed closely.Courts over China have also accepted a number of environmental civil public interest litigation cases.Even if there is the aforementioned judicial documents escorted by the system,under the guidance of this system,the types of environmental civil publicinterest litigation cases are not many.This can not help but arouse our reflection:whether the current environmental civil public interest litigation system in China can adapt to the current judicial environment,this system in practice can see the hard-to-use rigid provisions as being a practical "problem-solving sharp knife" ?In response to this question,the author selects 42 cases of environmental civil public interest litigation related to this topic.Through analysis and comparison,the author finds that in these 42 cases,all of the plaintiffs who initiated environmental civil public interest litigation are social organizations,and actually mostly it is the China Environmental Protection Federation and China Biodiversity Conservation and Green Development Foundation who initiated the litigations in the 42 cases.At present,individuals are not allowed to bring civil environmental public interest litigation.Most environmental public interest litigation cases are not supported by relevant units.Even if there are,they are mostly limited to the Environmental Protection Bureau and the Procuratorate.The judgment result of environmental public interest litigation cases is identical,mostly punishment afterwards and sentence for high cost of ecological environment restoration.In practice,most of the defendants are natural persons and polluters who can not afford the punishment economically.The judgment result is difficult to get real effect.Enterprises or individuals that polluted the environment often constitute both criminal and civil liabilities,and the subject of liability is usually difficult to bear a variety of liabilities.The ecological restoration cost written in the judgment sometimes becomes a kind of bonanza that can be seen but is difficult to get.From 42 cases selected by the author,the problems reflected indicate that the current environmental civil public interest litigation in China has some deficiencies in the system level,and it is difficult to adapt to the complex and changing judicial practice.Combining with the background and effect of environmental civil public interest litigation system in China,this paper starts with real life cases,aiming for the perfection of environmental civil public interest system.From expanding the range of the plaintiff's qualification,providing litigation support,establishing pre-litigation procedure,drawings experiences from foreign environmental public interest litigation system,and establishing a unified ecological environment environmental restorationfund,the author put forward some specific suggestions to improve the current environmental civil public interest litigation system.