Research On Legal Difficulties And Solutions To NGO Participation In Environmental Public Interest Litigation

In recent years,China is transitioning from extensive to intensive pattern in economic growth and has launched a new era of ecological civilization,however,its environmental pollution problems have not been alleviated.With increasing public awareness of environmental protection,expanding influence of environmental NGOs and its strengthened credibility,there is a growing call for NGOs to participate in environmental and social governance.It has become a general trend for NGOs to participate in environmental public interest litigation and to hold the bottom line on social welfare.Yet,many legal difficulties have been encountered in practice.The main content of this paper consists of five chapters: The first chapter reviews the "Changzhou Poisonous Land Case",and include a comprehensive overview of environmental NGOs and environmental public interest litigation,which is analyzed from the aspects of concept,characteristics and solid legal basis.The second chapter discusses the necessity and feasibility of NGOs participating in environmental public interest litigation.Its feasibility is mainly manifested in a realistic basis,which is the development status of China's environmental NGOs.The necessity lies in the needs of people to participate in environmental governance,the limitations of government environmental governance and the value orientation of trial specialization.The third chapter expounds the current difficulties of NGOs participating in environmental public interest litigation.The inner dilemma is mainly characterized by insufficient legitimacy,lack of professionalism and insufficient independence.The external dilemma is the issue of litigation subject qualification,the allocation of burden of proof,the litigation cost commitment problem and the litigation system convergence problem.The forth chapter attempts to find a way out for the dilemma of NGO participation in environmental litigation from both internal and external mechanisms.Internal mechanisms include strengthening organizational development and improving business levels;external mechanisms include both legal and institutional incentives.