Research On The System Of Environmental Public Interest Litigation Lawyer's Fee Transfer Burden

Since the establishment of environmental public interest litigation system in China,it has been highly valued by the academic and practical circles.Environmental public interest litigation system has also become the key to the effective implementation of China's environmental and ecological civilization construction.However,the number of cases has been lower than expected since the implementation of the system,which has failed to play its due social and legal value.Among them,the current law of burden of lawyers' fees has become the biggest shackle for environmental public interest litigation system to give full play to its function.In January 2015,the supreme people's court of the People's Republic of China issued "about environmental public interest litigation cases to explain some issues of applicable law of article 22,from judicial explanatory level support reasonable attorney fees of environmental public interest litigation in the transfer of burden,but the specific transfer definition of scope of application and the reasonable expenses not clear.For a long time,the high cost of lawyers' fees in environmental public interest litigation has largely restricted the implementation of environmental public interest litigation in China.However,the loosening of the law on the burden of lawyers' fees in environmental public interest litigation by the Supreme Court may be a new development opportunity for this field.In view of this,this article will the environmental public interest litigation plaintiff attorney fees burden rules to carry out the research,try to establish a public interest litigation concept corresponds to the burden of public interest litigation cost shift system,to encourage more social forces involved in the public interest litigation,and hope that these measures can help to the further development of public interest litigation in our country.In addition to the preface and conclusion,this paper is divided into the following four parts:The first part of the main contents on the basis of concept interpretation mainly introduced in this paper,the basic concepts,including in this article refers to environmental public interest litigation the connotation and extension of the concept of legal fees transfer burden system,type,and in the context of environmental public interest litigation in this paper,the author studies on environmental public interest litigation lawyers charge transfer the burden system of the specific connotation and denotation.The second part mainly focuses on the practice status of the environmental public interest litigation lawyers' fee transfer burden system in China.This paper mainly introduces the present situation of legislation in our country,and through some cases of environmental public interest litigation and the analysis of the part of the judgment of lawyers' fee transfer burden,and then draws out the specific situation of the judicial practice of lawyers' fee transfer burden in environmental public interest litigation in our country.The third part briefly describes the experience of foreign lawyers' fee transfer burden rules in environmental public interest litigation and the reference significance to the construction of our country's environmental public interest litigation lawyers' fee transfer burden system.This paper mainly introduces the international typical law transfer rules,including the exception of the American attorney fee bearing mode,the American superfund system,the British loser bearing mode,the compulsory agency system,and the reasonable lawyer fee assessment system.The enlightenment to our country includes strengthening the standardization of the transfer burden system of environmental public interest litigation lawyers,emphasizing the material support of the third party,and trying the compulsory agency system of lawyers in the field of environmental public interest litigation.The fourth part mainly focuses on the predicament and improvement direction of establishing and perfecting the environmental public interest litigation lawyers' fee transfer burden system in China.This paper mainly introduces two major problems existing in the construction of the legal transfer burden system of environmental public interest litigation lawyers,namely,the specific application scope and standard of the legal transfer burden system of environmental public interest litigation lawyers are unclear,the legal norms are vague and the supporting facilities are incomplete.In view of the former,this paper argues that it is necessary to clarify the specific circumstances of the application of the transfer burden system of lawyers' fees and the reasonable scope of the transfer burden of lawyers' fees.In view of the latter,this paper argues that corresponding improvements should be made from the aspects of establishing and perfecting the corresponding legal system,establishing the third-party fund compensation system,environmental public interest litigation lawyer incentive system,speeding up the full coverage of environmental public interest lawyers,and establishing and perfecting the judicial assistance system.