| Environmental public interest litigation is an important weapon for protecting the environment.It plays a role in reducing local protectionism and awakening people’s awareness of ecological and environmental protection.It is also an effective means to punish offenders and protect the public’s environmental interests.Since the existing environmental public interest litigation cuts off the interest connection between the plaintiff and the disputed case,the plaintiff cannot directly obtain economic or other benefits from the case.Therefore,the environmental public interest litigation does not have the incentive mechanism inherent in traditional civil litigation.For this reason,an effective incentive mechanism for environmental public interest litigation is particularly important.It is not only an inevitable requirement for the changes in the structure of environmental public interest litigants,but also a guarantee for my country’s environmental public interest litigation legislation to move from system to practice.The changes in the structure of the parties to environmental public interest litigation have caused the incentive mechanism in traditional private interest litigation to fail to play its due role in environmental public interest litigation.The plaintiffs of environmental public interest litigation lack effective incentive mechanisms,making the discovery of illegal activities and litigation procedures.As well as the lack of enthusiasm for the supervision of litigation agents,the expected goals of environmental public interest litigation cannot be achieved.The countermeasure is to use the environmental public interest litigation agent as the focus of incentives,change the current situation that the plaintiff is nominally not motivated,and promote the healthy development of environmental public interest litigation.The thesis is mainly divided into the following four parts:The first part introduces the definition and characteristics of what is the environmental public interest litigation incentive mechanism,clearly defines what is the environmental public interest litigation incentive mechanism,and pave the way for the following discussion;the second part summarizes the current environmental public interest litigation incentive mechanism in my country and the dilemma of the reason.Firstly,my country’s legal aid system is not sound,and there is a lack of legal provisions specifically for environmental public interest litigation to protect the implementation of public interest litigation.Secondly,the high cost of litigation has led to the embarrassing situation of zero litigation in practice.Thirdly,the lack of rewards for the plaintiff cannot improve its enthusiasm.Fourth,the attribution of repair funds is not clear,and it is difficult to meet the actual needs;the third part,by examining the US and India’s practice of environmental company litigation incentives,and comparing and analyzing with my country to give useful enlightenment;the fourth part,my country’s environmental welfare.The path of the litigation incentive mechanism.The first way is to introduce special policies and regulations to clarify the requirements for participants in environmental public interest litigation.The second advice is to establish a foundation to reduce or exempt litigation costs,and the third measure is to provide material and spiritual rewards to successful plaintiffs to encourage more entities to participate in environmental public interest litigation.The fourth suggestion is to clarify the ownership of repair funds through legislation,so that the environmental justice obtained through litigation procedures can be realized. |
