A Comparative Study Of Environmental Public Interests Litigation Systems Across The Taiwan Straits

With the continuous development of the economy,the environmental public interest litigation system has become an important way to solve the environmental problems in mainland.It’s different from the litigation brought by the traditional personal interests,and is a litigation system used by the people to safeguard the environmental public interest."Environmental public interest litigation" in China,referred to the "civil litigation" in Taiwan,although the name is different,but the same thing is to relief the floorboard of the problem of the environmental public interest,the difference is the "civil litigation",not like civil environmental public interest litigation and administrative environmental public interest litigation.Civil litigation is equal to the environmental administrative public interest litigation in mainland.In practice,most civil environmental public interest lawsuits in China take environmental polluters as defendants,and most administrative organs fail to fulfill their regulatory obligations.However,the qualification of environmental administrative public interest litigation is limited,which leads to the situation of "hot" environmental civil public interest litigation and "cold" environmental administrative public interest litigation.The environmental citizen litigation in Taiwan is earlier than that in China.On this basis,the comparative analysis of the cross-strait environmental public interest litigation system,to explore how to implement the government responsibility and improve the environmental public interest litigation system.This paper compares the two aspects of legislation and judicial practice,and analyzes the differences in the subject qualification,the scope of accepting cases,and the pre-litigation procedure.Although environmental citizen litigation in Taiwan only stipulates environmental administrative public interest litigation,it has achieved good results in governance effect.Although it draws lessons from the environmental citizen litigation system of the United States,it also makes changes on the basis of the development of politics,economy,culture,legal structure and current situation in Taiwan,so as to become the environmental citizen litigation suitable for the development of Taiwan.Therefore,it is of reference significance to the mainland.The improvement of the environmental public interest litigation system in mainland mainly starts from the following aspects:firstly,it takes the promotion of environmental administrative public interest litigation as the basis to urge the government to implement its responsibilities.When the environmental administrative public interest litigation fails to achieve the governance effect,the environmental civil public interest litigation will be supplemented to provide relief.Secondly,the expansion of the subject of prosecution,so that the public can participate in environmental governance;The third is the scope of accepting cases,which is of guiding significance to judicial practice.Finally,the pre-litigation procedure should specify the time limit for the implementation of pro curatorial Suggestions in environmental administrative public interest litigation,and improve the pro curatorial suggestion reply mechanism.