A Comparative Study Of The Subjects Of Sino-us Environmental Civil Public Interest Litigation

Environment as a special kind of public interests,the interests of the ownership of the person and the affected object has the uncertainty and fuzziness,this makes the environment when abused hard on the judicial relief,"environmental public interest litigation" to solve this problem provides a clear way to solve,in recent years gradually cause the attention of all parties and pay attention to.In 2012,China confirmed the “public interest litigation system” in the form of legislation,and subsequently passed the 2017 amendments to the public interest litigation in the Civil Public Interest Litigation Law,as well as a series of environmental public welfare issues issued in recent years.Legislation and judicial interpretation of litigation,such as the Opinions of the Supreme People's Court on Comprehensively Strengthening Environmental Resources Judicial Work to Provide Effective Judicial Protection for Promoting Ecological Civilization,and the Supreme People's Court's Dispute over Environmental Tort Liability Issued in 2015 Several Interpretations of the Applicable Law of the Case,and the Opinions on the Pilot Issues Concerning the In-depth Implementation of Public Interest Litigation,adopted in 2016,and the Interpretation of Several Issues Concerning the Application of Laws by the People's Procuratorate to Appeal Public Interest Litigation in the People's Court of 2018,Gradually Environmental Public Welfare The concept of litigation has been clarified and refined.But after all,the concept of "environmental public interest litigation" is a"import",the development time is shorter,after all,in our country,but the United S tates as the earliest establishment of environmental public interest litigation"countries,has developed more than 50 years ago,established since 1970,the Clean Air Act,through a series of such as the clean water act,the ocean dumping act,the endangered species act and the environmental public interest litigation system gradually clear,both in theory and practice aspect,have formed a relatively comprehensive and specific system,and other national development and improve the system of environmental public interest litigation is important templates and objects.Due to the economic development of China and the United States as the world's two great powers,but also are the resource consumption power,and the United States and China,in order to develop industry and China through the same industrial development at the expense of the environment caused serious environmental pollution of the road,so the environmental public interest litigation system in the United States is very worthy of our learning and using for reference.By comparing the similarities and differences between China and the United States in the development of environmental public interest litigation,this paper aims to summarize the development of environmental public interest litigation in China,and find some references for the development of environmental public interest litigation in the United States,so as to provide more ideas for the development of environmental public interest litigation in China.This paper consists of five parts,as follows:Part one: introduction.This part mainly introduces the basis of selecting this paper,explores the value and significance of taking environmental public interest litigation as the research subject,probes into the understanding and theoretical research status of environmental public interest litigation from Chinese and foreign scholars,and discusses the context structure of this paper.The second part mainly discusses the source of the concept of "public interest" and the essential meaning,and discussed the extension of the "environmental interests","public interest litigation" and "environmental public interest litigation" and the relationship between the contact,which can more clearly understand to the term "environmental public interest litigation".At the same time,it also discusses the difference between environmental civil public interest litigation as public interest litigation and environmental civil private interest litigation,and summarizes the characteristics of environmental civil public interest litigation from the comparison.At the end of this part,this paper discusses the necessity and feasibility of China's development of environmental civil public interest litigation,thus laying a foundation for the derivation of the following.The third part compares the environmental public interest litigation in our country's environmental public interest litigation with the United States in the difference between the basic theory,find out the basic theory of environmental public interest litigation with the United States as a "public trust" "private attorney general"and "private law","on behalf of the trust of our country" "the principle of combining the disposition and state intervention" "and" encourage civil litigation principle "the differences and similarities,summarizes the basic theory of the environmental civil public interest litigation to come from.At the same time,we also compare the differences between American class-action litigation and representative litigation in our country,so as to draw lessons from American class-action litigation.This part also discusses how environmental public interest litigation in the United States breaks the shackles of res judicate,plays its due role in environmental public interest litigation,and improves litigation efficiency and saves judicial resources by extending the subjective and objective scope of res judicate.The fourth part we emphatically compares in the specific procedures of environmental public interest litigation in China and the United States,through to the civil environmental public interest litigation the plaintiff and the defendant and actionable range comparison,obtained the law of our country too much to the environmental public interest litigation restrictions,should break through the limitation of litigation,expanding the scope of the eligibility of environmental public interest litigation subject,make clear the using of environmental public interest litigation and actionable items,which can better protect the environment public interest.The fifth part is based on the comparison of the basic theories and specific procedures of environmental public interest litigation between China and the United States.It concludes that the United States is worthy of our reference in environmental public interest litigation.On the basis of the reflection of the environmental public interest litigation,the proposal of establishing environmental public interest litigation in China is put forward,and under the premise of summarizing the similarities and differences between the two countries in the second and third chapters,the corresponding suggestions for improvement are put forward one by one,and it is proposed that China needs to learn from the United States.The advanced theory of the plaintiff's eligibility,learn the advantages of the American group litigation and use it for the representative litigation system of our country,and expand the scope of theenvironmental public interest litigation based on the national conditions of the country,and finally how to broaden the specific practice.The scope of the main body of the lawsuit was elaborated.