| Gaylord Nelson and Dennis Hayes have launched an activity called Earth Day on April 22th,1970.Since that every year of this day becomes a particular day which set for global environmental protection.From 1990s,our country hosts the activities on Earth Day every year.Environmental problem is also the earth problem.William Stanley Jevons’s work The Coal Question has proposed a view that technological progress improves the natural resources utilization,while with higher demand for the coal resources at the same time.Efficiency also results to the enlargement of the production scale.All these bring a paradox between economic development and environmental protection.Environmental problem appears in accompany with the society’s development.When it comes to our country,in the recent several decades,with the rapid development of economy,we also have the environmental pollution and ecological damage.Without hesitation,we need to solve these problems as quickly as possible.From law perspective,environmental litigation of public interest was designed for it.Locust plague in east Africa,globally coronavirus pandemic and climate change,all these are signs to remind us the importance of ecology and environment.After several years’development,the current environmental litigation of public interest can be divided into environmental civil litigation of public interest and environmental administrative litigation of public interest.The first type aims at civil groups while the other administrative agency.After Civil Procedural Law firstly confirmed the public interest litigation,the revised pattern in 2015 of the Environmental Protection Law has been authorized the public organization to file environmental public interest law.In2018,the Supreme Court and the Supreme Prosecutor lead to judicial interpretation that the prosecutors can file a public interest law as the name of plaintiff.The Civil Code of People’s Republic of China is hereby issued on May 28.2020.From the first to the last amendment,the code which almost contain civil activities and guidelines is an encyclopedia of public life.In the code Tort Liability,Chapter 7th,Liability for Environmental Pollution and Ecological Damage,compared with the previous tort liability law,has been revised,added and deleted some parts of it.It is a trend to protect environment through public organizations or the prosecutors.Although our law has established the losing party apporting the appraisal costs,in practice,the prosecutor shall pay the costs in advance.And some cases of high paid results the difficulties of litigation procedure.From this perspective,it is go against to our environmental public interest litigation sustainable development.And here is our topic mean.The dissertation uses the methods of literature reading and analysis,hermeneutics,comparative research method,to make the classified research on environmental damage appraisal costs’features,problems,the current situation within and out of the land,and solutions from the other countries.By comparative research method,taking some methods of public interest suits from America,Germany,and Japan,and adjust them to fit our nation’s characteristics.All these steps are taken to establish a fitting mechanism and a policy-supporting way that suits the current environmental and economic development society.As for the tricky problems of higher appraisal costs and damage appraisal difficulties,here are some ways that could be taken into consideration.Such as appraisal costs shifting,government financial pool,insurance system,environmental protection fund,social charity donation and so on.Appraisal costs shifting aims at helping public interest organization to release their burden.Government financial pool,insurance system,environmental protection fund and social charity donation,all these measures aim at dispersing expensive appraisal costs and amplifying the functions of law except punishment,like education function.That means promoting ecology and environment’s sustainable development and improving their restore ability.From law making,costs distribution,distribution proportion to judicial mechanism,here are some concerned suggestions and solutions.The test consists of five parts.Respectively from environmental pollution and ecological damage appraisal costs concepts,the domestic and abroad situation and problems,to the solutions and suggestions,all are having detailed analysis.The first part mainly tells the concepts,features and contents.The second part aims to the current environmental public interest litigation’s situation.Through analyzing the case,basing on the lawmaking and practice situation.The third part makes a detailed analysis of nowadays problems.Discussing the law and regulation systems,the accompany ways and difficulties in appraisal costs afford in practice.The fourth part is concentrated on America,Germany and Japan,these three countries environmental litigation of public interest’conditions and appraisal costs principles and the related methods.American public litigation of citizen suits,Japanese public hazard and German legal expense insurance system having been analyzed in details.The last part of the test lists some accessible suggestions and methods.Proposing some concerned thoughts and improving suggestions. |
