Research On The Mediation System Of Environmental Civil Public Interest Litigation

Environmental Civil Public Interest Litigation,as an effective judicial approach to protect the ecological environment and deal with environmental disputes,has received extensive attention and discussion since its birth.Limited by the public welfare characteristics of the lawsuit,whether it is possible to apply the mediation system that is widely used in civil litigation in my country has been the focus of debate in the academic community.But,whether it is analyzed from the perspectives of theoretical basis,value analysis,and examples within and outside the domain,the application of the mediation system in environmental civil public interest litigation is appropriate.However,maintaining the characteristics of social public welfare also determines that the specific application of the Environmental Civil Public Interest Litigation Mediation System will be different from the development of ordinary civil mediation procedures.Therefore,although the state recognized the status of the mediation system in the form of judicial interpretations in 2015,in general,the content of the law is mostly in principle,and it does not make the theoretical basis and limit of application of mediation.The detailed explanations have affected the actual operation of the system to a certain extent,and also laid a hidden danger for the specific application of mediation in environmental disputes.Therefore,the author analyzes the current legislative and judicial situation of the system,clarifies the problems it presents in the application,and puts forward corresponding improvement suggestions in order to contribute to the improvement of China's Environmental Civil Public Interest Litigations system.