Practical Dilemma And Improvement Path Of Social Organizations Participating In Environmental Public Interest Litigation

With the implementation of the new civil procedure law and the new environmental protection law,China’s environmental public interest litigation system is finally established.However,the focus of academia on environmental public interest litigation lies in social organizations,because it contains the hope that social forces can effectively participate in environmental governance.Judicial practice in recent years has proved that although the number of environmental public interest litigation cases has indeed ushered in a blowout growth.Social organizations have made limited contributions.The main reason for this phenomenon is that social organizations are facing internal and external difficulties in the process of participating in environmental public interest litigation.As far as the internal difficulties are concerned,many social organizations are lack of talents and funds,backward management system and poor credibility,which lead to their insufficient ability to file environmental public interest litigation.In terms of external difficulties,there are some defects in the Chinese government’s social organization management system and environmental public interest litigation system,and some local governments and judicial organs have negative attitudes towards environmental public interest litigation,which increase the difficulties for social organizations to participate in environmental public interest litigation and affect the enthusiasm of social organizations to participate in environmental public interest litigation.In order to change this situation,enhance the participation of social organizations in environmental governance and environmental public interest litigation.First of all,we should improve the specific system of environmental public interest litigation.Specifically,it includes improving the plaintiff qualification system of environmental public interest litigation,environmental restoration fund management system,case acceptance fee charging system,case jurisdiction system and so on.Secondly,social organizations should strengthen their own organizational construction,establish a scientific modern management system and an open and transparent financial system.In addition,we should improve the protection mechanism for social organizations to participate in environmental public interest litigation,including the realization of direct registration of environmental protection social organizations,supporting social organizations to investigate and collect evidence,etc..More importantly,in environmental public interest litigation and even environmental governance.We should strengthen the cooperation between social organizations and the government,judicial organs,especially procuratorial organs.In environmental issues,the government,enterprises and society should really achieve common governance.