Research On Legal Aid System Of Environmental Private Interest Litigation

In recent years,the environmental situation has become worse and the environmental pollution situation has become more and more serious.Environmental infringers in our country have irreconcilable contradictions with the victims of environmental pollution.Legal protection is the last line of defense for the victims of environmental pollution to claim their rights.However,the author found that the number of environmental private interests litigation cases is not large,and the protection needs of environmental pollution victims are seriously inconsistent with the specific situation of judicial practice,based on the particularity of environmental private interests litigation.The author analyzes that it is urgent and necessary for legal aid institutions to provide support and assistance to environmental pollution victims.This article uses the comparative research method to compare the legal aid system of environmental private benefit litigation with the general legal aid system,highlights the particularity of the legal aid system of environmental private benefit litigation,and lays the foundation for the in-depth analysis of the legal aid system of environmental private benefit litigation.The development of the context of this article is mainly divided into three parts.And these three aspects are the legislative,judicial and social aspects:describe the status of the legal aid system for environmental private benefit litigation,analyze the predicament of the legal aid system for environmental private benefit litigation,and build specific measures for the legal aid system for environmental private benefit litigation.Part I:Describe the current status of the legal aid system for environmental private litigation,mainly from the legislative,judicial,and social levels.The legislative level: There are few relevant legal norms,and the national legislation does not provide relevant regulations for the legal aid system for environmental private litigation,but some local regulations have appeared.There are provisions on the ways and means of legal aid to intervene in environmental private interests litigation;Judicial level: the number of legal aid involved in environmental private benefit litigation is small,and the successful rate of legal aid involved in environmental private benefit litigation is high;Social dimension: The main body involved in legal aid.Part II:Analyzing the predicament of the legal aid system for environmental private interests,it mainly starts from the legislative,judicial,and social levels.The legislative level is: it is difficult for environmental pollution victims to apply for legal aid because therelevant legislation is unclear,and legal aid providers also lack relevant legal support.;The judicial level: the recipient's qualification examination standard is wrong,the legal aid reserve strength is insufficient,the legal aid procedure is difficult to start,and the particularity of the environmental private benefit lawsuit makes the legal aid implementation difficult;The social dimension: The power of all sectors to provide legal aid is not universal and stable.Part III:The specific measures for the construction of the legal aid system for environmental private interests are mainly carried out from the legislative,judicial and social levels.The legislative level is: the national legislation clearly stipulates the legal aid system for environmental private interests,and the judicial level: the criteria for the qualification review of recipients are accurately defined.We will strengthen the professional reserve of legal aid,increase the enthusiasm of victims of environmental pollution to file lawsuits,and improve the coordination and management mechanism for legal aid.Social dimension:strengthen the union of legal aid institutions and various sectors of society,build a stable compensation and reward mechanism,and enhance the public's awareness of rights protection.