Research On Legal Guarantee Issues Of Environmental Public Interest Litigation Filed By Social Organizations

The Civil Procedure Law amended in 2013 established an environmental civil public interest litigation system at the national legislative level.The new"Environmental Protection Law" of 2015 clearly stipulates that social organizations are eligible to file public interest litigation and applicable rules.In 2017,the 19th National Congress of the Communist Party of China established the strictest ecological environment protection system in history,and proposed to build a modern environmental governance system with the government as the leader,enterprises as the main body,social organizations and the public.Under the guidance of this guiding ideology,social organizations participate in ecological environmental protection,and they have received more and more attention and support in bringing environmental public interest litigation.In fact,as an important subject in the construction of a modern environmental governance system,social organizations have become an important channel for protecting the ecological environment and safeguarding public interests by filing environmental public interest litigation with greater influence.Of course,while social organizations filed environmental public interest litigation,they are still facing many difficulties while developing rapidly and gaining positive social significance.The envisaged environmental public interest litigation cases did not appear as expected,but the number of environmental public interest litigation cases filed by social organizations And the quality is still far below public expectations.This makes it necessary for us to reexamine the practical significance of the legal system of environmental public interest litigation brought by social organizations,and at the same time consider how to realize the localization of environmental public interest litigation in the system guarantee and construction.This thesis focuses on two issues:What objective institutional and structural issues are social organizations facing in the process of environmental public interest litigation?How can social organizations better file environmental public interest litigation?This paper believes that it is necessary to study the problem of environmental public interest litigation brought by social organizations from the overall structure,clarify the core concepts and legal basis through literature review,analyze the legal difficulties faced by the development on the basis of summarizing the development status of environmental public interest litigation filed by social organizations,and propose countermeasures Suggest.Based on this,this paper first proposes that legal social organizations have the right to file environmental public interest litigation in courts when environmental interests are damaged.Its main characteristics are publicity,broadness,and extensibility.Its theoretical basis is mainly environmental rights theory and litigation.The interest theory and litigation theory are based on the constitution,laws,regulations and international conventions.Secondly,by analyzing the general status of environmental public interest litigation filed by social organizations,we have concluded six issues:the scope of application of social organizations and environmental public interest litigation is vague,the legal threshold for social organization litigation is too high,the legal requirements for proof of liability are unclear,Litigation cost guarantee system is not perfect,repair and enforcement rules are imperfect,and lack of specialized talents.Finally,combining the relevant laws and regulations,and referring to the theory and practical experience of civil lawsuits and common law countries in bringing environmental public interest litigation to social organizations,it is proposed to clarify the scope of environmental public interest litigation filed by social organizations,lower the threshold for prosecution of social organizations,and improve public welfare litigation.Suggestions on legal safeguards such as systems,perfect litigation fees and limitation guarantee mechanism,perfect public welfare litigation execution system,and guarantee the supply of public welfare litigation talents.