Research On The Legal Issues Of Environmental Public Interest Litigation Triggered By The "Changzhou Drug Land Case"

In the process of industrialization and urbanization,the global economy and society are developing rapidly,which has brought about a sharp deterioration of the ecological environment.How to protect the environment and make sustainable use of ecological resources is an important topic being discussed all over the world.Environmental public interest litigation is one of the important judicial means to protect the environment.In recent years,China has completely established the environmental public interest litigation system from the legislative point of view,and the number of related cases has also increased slightly.In the cases that have been concluded,there are many new problems that have not yet been clearly stipulated in the law,such as the way of bearing legal responsibility,the cost of litigation,the burden of proof and so on.This article draws lessons from foreign legislative experience,starts with the problems found in the cases,studies the corresponding legal perfection suggestions,perfects the application and implementation of environmental restoration liability in the aspect of liability undertaking,introduces the environmental public welfare fund system in the aspect of damage compensation,and can use it as the economic support for public welfare organizations to initiate lawsuits,at the same time,perfects the bearing mechanism of litigation costs such as lawyer fees and so on.When the organization that initiates public interest litigation is encouraged.In the trial procedure,the burden of proof is further clarified in order to establish a benign interaction between the prosecution and the defense in court and promote the beneficial development of environmental public interest litigation.