Study On The System Of Environmental Civil Public Interest Litigation In China

Environmental civil public interest litigation is a kind of civil public interest litigation,since the implementation of the Civil Procedure Law in 2013,has made great contributions to china's environmental protection.However,a careful examination of judicial practice,we can find that the operation of the environmental civil public interest litigation system has the following problems : the scope of the subject of prosecution is too narrow,litigation costs face difficulties,the judicial application of preventive responsibility is difficult.The above three problems affect the value and function of the system to play full play.In this paper,three research methods are used,namely,literature research method,comparative research method and theory and practice combination method:First,the literature research method.This method is the main research method adopted in this paper,through the collection and collation of relevant literature materials from the library and the Internet,summarized the views related to this paper,so as to lay a solid theoretical foundation for the next writing.The second is the comparative study method.The United States,the United Kingdom,as well as Japan,Germany,through these different countries in the environmental civil public interest litigation system related provisions,looking for China can learn from the experience,so as to put forward suitable for China's environmental civil public interest litigation system to improve the proposal.The third is the method of combining theory with practice.On the basis of studying the theory of environmental civil public interest litigation system,combined with the problems reflected in our judicial practice,this paper puts forward the aspects that need special attention and corresponding solutions in the process of perfecting the environmental civil public interest litigation system.In order to improve the environmental civil public interest litigation system and protect the ecological environment to provide a more powerful judicial guarantee,the thesis first uses the literature research method for theoretical analysis,taking the concept and characteristics of the environmental civil public interest litigation system as the starting point,and then analyzes the development course of the system,the valueand function of the system.Secondly,the problems of environmental civil public interest litigation system are put forward by combining theory and practice.Finally,the comparative research method is used to analyze and draw lessons on the environmental civil public interest litigation system in some countries of the two major legal systems,in order to perfect the system of environmental civil public interest litigation in china.On the issue of the narrow scope of the subject of litigation,it is proposed to relax the qualification conditions of environmental protection organizations,grant citizens the qualification of litigation,and establish a diversified system of litigation subjects.In terms of the difficulties faced with litigation costs,it is proposed to set up a special fund system for environmental public interest litigation,to construct an environmental resources litigation insurance system,to issue national environmental bonds,and to use the financial market to solve the difficulties faced by litigation costs.In terms of the difficulties in the judicial application of preventive responsibility,it is suggested to clarify the standard of environmental abuse,to increase the alternative responsibility,to clarify the burden of proof,to promote the application of preventive responsibility in judicial practice,and finally to establish preventive environmental civil public interest litigation.