The Comparing Study On Environment Public Interst Litigation In Chinese And American

Since the reform and opening,our country has experienced the largest and fastest urban modernization in the world.China's urban development achievement has attracted worldwide attention,and economic aggregate ranked second.At the same time,our country also paid a heavy price: the polluted river,the metalized land,by fog cover the blue sky,cities are surrounded by garbage,cancer villages are increasing,etc..Those all above not only show that the environment quality are worse and worse,but also exposes the environmental management and environmental governance lag behind.The historical practice shows that the destruction of the environment and pollution are the socialization of production and market economy under the conditions of the inevitable social phenomenon,which is a global problem.For any country,environmental governance is a comprehensive problem and a system engineering,it costs a long time to solve the problem.It related people's well-being and concerns national future.The establishment of environmental public interest litigation is the embodiment of the judicial field in this engineering systems,which supplies the environment with a comprehensive range of governance.The 2012 revision of the civil procedure law makes the environmental public interest litigation legal confirmation.And "the supreme people's court on the trial comprehensively strengthen environmental resources to promote the ecological construction of file provide powerful judicial safeguard opinions ","the supreme people's court on civil environmental public interest litigation cases to explain some issues of applicable law","the supreme people's court on some issues of environmental tort liability disputes applicable law interpretation" and "the people's court to the people's procuratorate filed a public interest litigation cases the measures for the implementation of pilot projects" and other judicial documents issued to a further specification and build,formed a more "complete" institutional framework.Those regulations provide an important channel to protect the environment and security,they also promote the development of environmental law and conform to the principle and concept of ecological civilization construction in China.The United States are among the first countries to establish the modern public welfare lawsuit with more than forty-years history,however,the "environmental public interest litigation" concept is not in the United States enacted law,environmental law in the United States in the concentrated expression is called "environmental civil litigation".When facing the same environmental problems as China,the United States suffered from serious environmental disaster such as successive events below: Los Angeles suffered photochemical smog event in 1943,the Donora incident in 1948,Torre canyon cruise ships wrecked cause pollution of the oil spill in 1967,Santa Barbara beach pollution and the Cuyahoga River is on fire in 1969,these fire hazard events makes the United States in the environmental crisis,As the result,citizens' calls for changing current situation are stronger and stronger.Under the very request of the public,since the beginning of the 1960 s,the United States government has worked on the environmental and ecological pollution problems,congress passed a few federal laws,such as the Clean Air Act,the clean water act,the ocean dumping act,the endangered species act,the safe drinking water act and the resource conservation and recovery act etc..,and some states made environmental laws.Those construct the legal system of environmental civil lawsuit,which also are the context of China's environmental public interest litigation legal system.Those series of environmental governance in the United States have made great progress;they proved that ensuring the implementation of the environmental law is a effective tools,plays an important role in the field of environmental protection of public interest and environmental governance.China and the United States represents the world's largest economies,the largest energy consumer and carbon emitter.Although competition exists in the economic relations between the two countries,but environmental protection is not display the boundaries of points." Stone carved can be tuned into jade ",the United States expressed by the relevant legislation and case law rules,the rule of public and government's environmental policy should be at the beginning of the construction of environmental public interest litigation in our country is an important content of study.Therefore,only based on their environmental public interest litigation system,full knowledge and understanding of reference is more scientific and reasonable,also can be in the green development under the background of environmental public interest litigation in China's push to bring more happiness.The theoretical proposition of this study is based on what the similarities and differences between different social systems of environmental public interest litigation are.By comparing and summarizing the common tropism of problems and differences about environmental public interest litigation among these two countries,we focus on perfecting China's environmental public interest litigation suggestion.The content of the full text consists of seven parts as follows:The first part: introduction.This part expounds the value of this paper,systematically summarizes the research results about the environmental public interest litigation by scholars at home and abroad.On this basis,this part introduces the basic idea of the whole paper,research methods and data sources.The second part: compare the concept,character and classification of environmental public interest litigation.The two countries have obvious differences in definition of "public interest and citizen","special litigation and civil litigation",different classification standard rules.The third part : compare the main body of the environmental public interest litigation: the plaintiff main body in the United States,is the law of organ and tissue "dual system",while in China the system is of "diversity" with anyone.And scope of the defendant is different,China's environmental public interest litigation defendants have certain limitations.The fourth part :compare the environmental public interest litigation actionable range,damage behavior and injury consequence for more specific content.Damage behavior of China's environmental public interest litigation is not on the premise of illegal,and the definition of the damage behavior of the environmental public interest litigation is illegality.Injury consequence,two state-owned certain convergence,are made to expand,including the actual damage and potential danger,health,aesthetic and recreational belong to environmental rights and interests.The fifth part:compare the imputation principles of environmental public interest litigation and the burden of proof as the main content.The imputation principles of environmental public interest litigation varies from one because of the litigation procedure,adopts the no-fault principle in civil public interest litigation,and the administrative public welfare lawsuit is fault principle;And the environmental public interest litigation in the imputation principle is the principle of strict liability,and no-fault principle similar to a certain extent,but its to violate to ensure the safety of others absolute duty as a foundation,reflect the penalties for offenders,and with emphasis on the protection of the weak in our country and society fair there exist certain differences.The burden of proof is the inversion of evidential burden and the plaintiff provide preliminary evidence of dual system in China's environmental public interest litigation,while the United States does not have the unification of the legal provisions,but according to the concrete cases.The sixth part:compare the environmental public interest litigation damage relief way and the litigation costs.Concluding property damage relief way from type relief and property type relief,China's environmental public interest litigation is damages property type relief way,type and property of the environmental public interest litigation relief way is fine,both the nature of the function is different,the former emphasizes the ecological restoration to the environment,both punishment and education,and other functions;The latter is a kind of punitive civil penalty,in addition to curb environmental damage and compensation of general function,the deterrent effect on potential violations of the law.Property type relief in the way both countries including civil relief and administrative relief,the Chinese way is diversiform,and the judicial practice has certain innovation.Litigation costs,the two countries on the cost structure,charging standards and the allocation have their own characteristics.The seventh part: reflection and using for reference.Along with the development of the environment of globalization,the environmental public interest litigation has certain limitation,there are mainly theoretical limit,the moral hazard of the environmental protection organization on the environment public interest litigation,the function of the environmental public interest litigation limitation,game imbalance in the process of environmental legislation and environmental public interest litigation on the climate of conservative attitude.There is no doubt that dozens of years in the development of the environmental public interest litigation,the spark has been worthy of reference and study,mainly manifested in the perfection of legal system,the plaintiff main body the eligibility and mature public welfare organizations.Finally,in the summary of environmental public interest litigation in China and the United States,on the basis of the experiences and lessons,combined with China's national conditions and the actual effect of environmental public interest litigation in our country,the future of our country should adopt policies and measures are put forward.