Case Analysis Of Environmental Pollution Liability Dispute

Article 55 of the revised “civil procedure law” in 2012 explicitly puts forward public interest litigation.Since then,people from all walks of life have had a discussion on which subjects can file public interest litigation,but there is little discussion on what conditions social organizations can meet to be the subject of public interest litigation.Both “the interpretation of the supreme people's court on several issues concerning the application of law to the trial of civil environmental public interest litigation cases” and “the environmental protection law of the People's Republic of China” have mentioned the conditions for social organizations to file civil public interest litigation cases,and civil environmental public interest litigation has developed further.However,in the specific judicial practice,how to understand and apply the conditions for social organizations to file civil public interest litigation is still a difficult problem.The subject conditions of civil public interest litigation filed by social organizations should be properly interpreted in combination with the purpose,and expanded in an appropriate scope from the perspective of protecting social public interests.There are five main theories in the study of environmental common infringement in China.Through the analysis of the five main theories and the combination of cases,the author believes that the theory of "commonality of results" is the most reasonable and operable theory at present.This thesis is divided into four parts.The first part is the overview of practical cases and the analysis of the focus of case disputes.The second and third parts are the further analysis of the issues involved in the dispute focus of the case from the theoretical and practical aspects.The fourth part is the combination of judicialpractice and theoretical theories on the basis of the above analysis,and then puts forward reasonable suggestions and improvement measures.