Research On Environmental Civil Public Interest Litigation System In China

According to the environmental situation communiques published by the Ministry of ecological environment,the quality of China’s ecological environment has improved year by year.However,there is still a gap between the improvement and the expectations of the people.Environmental pollution incidents are still frequent in various places,and the voice for environmental protection is increasingly fierce.In 2012,China’s environmental public interest litigation system was basically established.Through the search on the Chinese judicial documents network with "environmental public interest litigation" as the keyword,it was found that the number of environmental public interest litigation cases in China has increased significantly in recent years,but from the perspective of case trial procedures,more than 50%of environmental civil public interest litigation cases have entered the second instance procedure,and there are many cases with the words "Min Shen" and "Min Zai",This also leads to the lengthening of the overall front of environmental public interest litigation,which is not conducive to curbing environmental pollution,and obviously does not conform to the principle of efficiency.Due to the characteristics of environmental public interest litigation and the imperfection of environmental civil public interest litigation system,environmental public interest litigation can not reflect the required function of protecting environmental public interest,which will inevitably lead to doubts about the unity,certainty,authority and social effect of the law.It is urgent to give full play to the legal and social effects of the litigation in an institutionalized way and enhance the power of environmental civil public interest litigation.In addition to the preface and conclusion,the full text is divided into three parts,totaling more than 40000 words:The first part discusses the concept of environmental civil public interest litigation in the title of this article.Environmental civil public interest litigation is a litigation system in which some environmental protection institutions,social organizations,procuratorial organs or citizens sue the infringer to the people’s court in accordance with the relevant provisions of the law when the environment is damaged or the environment may be damaged,so as to avoid the damage to the environment and the loss of public interests.It has the characteristics of the broadness of the plaintiff and the defendant,the particularity of the litigation purpose,the prevention of the function,and the strong color of the court authority.Environmental civil public interest litigation has the functions of reducing the pressure of environmental protection group events,judicial protection of ecological environmental public welfare,and promotion of the formation of ecological environmental public policies.The value of environmental public interest litigation includes justice value,benefit value and order value.The second part,through the investigation of the environmental public interest litigation system and the analysis of practical cases,points out the current situation of the environmental civil public interest litigation system in the aspects of the plaintiff’s subject,the design of litigation claims,the identification of infringement facts,the judgment rules,the construction of the environmental resources trial team,and the narrow scope of the plaintiff’s subject,the harsh conditions of social organizations,and the sequence contradiction of the plaintiff’s subject;The design of the claim needs to be improved,the court lacks the obligation of interpretation,and the adjustment of mediation and reconciliation to the claim;Fuzzy rules of the burden of proof,difficult investigation and evidence collection,and "information island" among relevant departments;The case trial lacks legal guidance and the case system is not perfect;The low degree of specialization of environmental trials and the independence of judges.In the third part,through the review of relevant documents and judicial practice,it is clear that to promote the development of environmental civil public interest litigation practice,we must improve the environmental civil public interest litigation system from the aspects of improving the litigation subject system,improving the evidence related rules,improving the environmental public interest litigation judgment rules,improving the litigation request rules,and strengthening the construction of the judicial team,Let environmental civil public interest litigation really play the role of protecting environmental public interests at the judicial level.