Environmental Citizen Suit In The United States And It's Enlightenment To China

The Environmental Citizen Suit refers to a lawsuit filed by a citizen in accordance with the relevant federal laws on an environmentally conscious person who has not fulfilled his legal obligations or an administrative agency that has not fulfilled his statutory responsibilities.The US environmental citizen suit is essentially to protect the ecological environment and the legitimate interests of the collective,and not only to protect the private interests of citizens.Therefore,the US environmental citizen suit is still in the scope of public interest suit.Because of its advanced content,the US environmental citizen suit has played a good supervisory function,a strong check and balance function,and an effective relief and supplement function in judicial practice,which in turn can prompt relevant administrative agencies to strictly enforce the law and urge relevant enterprises to strictly abide by laws and regulations.Protect the environment.Environmental citizen suit has played a significant role in the ecological environmental protection cause in the United States,and it is also worthy of reference in China's ecological environmental protection cause.President Xi stated in the report of the 19th National Congress:"We must resolutely fight the battle against pollution prevention and control."With the continuous development of the social economy,China's ecological environment is not optimistic,and pollution prevention is an important issue in current ecological environmental protection.In this regard,the practice of environmental public interest suit in the ecological environmental protection cause is particularly important.Citizens as an important part of participation in pollution prevention,but currently in the environmental public interest suit in China is not a suitable plaintiff.It is gratifying that after the procuratorial organ can file the contents of environmental public interest suit in the Civil Procedure Law in 2017,we have reason to look at China's environmental public interest suit with a developmental perspective.For citizens who have the right to report and accuse,it is a suitable plaintiff for environmental public interest suit,which is in line with the development trend of environmental public interest suit in China.If citizens are included in the scope of the plaintiffs main body of environmental public interest suit,it is necessary to stipulate and improve the citizen suit and establish corresponding supporting mechanisms,so that citizens' rights to suit in environmental public interest suit can be standardized and guaranteed.The environmental citizen suit in the United States also pointed out a new direction for the continuation of environmental public interest suit in China.The way to give citizens environmental public interest suit is not only in line with the trend of establishing a diversified environmental dispute resolution mechanism,but also enables citizens to fight in the battle against pollution.Play a better role and mobilize all sectors of society to actively participate in the protection of the ecological environment.In the past 2018,the new constitutional amendment also incorporated ecological civilization into our civilized system.The main body of this paper is divided into four parts,which are based on the US environmental citizen suit and the enlightenment of China's environmental public interest suit,from "the basic principles of US environmental citizen suit","the main content of US environmental citizen suit","China's environment The necessity and feasibility of introducing civil suit in public interest suit and the specific ideas of introducing environmental citizen suit in China are carried out in the corresponding aspects and research.The first part is about the investigation and analysis of American environmental citizen suit,specifically discussing the historical background and functional characteristics of American environmental citizen suit.The second part mainly discusses the operation mechanism and main content of American environmental citizen suit,uncovers the mysterious veil of American environmental citizen suit,and at the same time can understand the basic situation of American environmental citizen suit.In the third part,the necessity and feasibility of introducing environmental citizen suit in China are analyzed,starting from the current situation of our country and starting from the theoretical basis and practical conditions.The fourth part puts forward the concrete idea of introducing environmental citizen suit into environmental public interest suit in China,and analyses it from two aspects of system itself and supporting system according to judicial practice.