China's Environmental Public Interest Litigation System In Civil

Environmental Public Interest Litigation is a modern new lawsuits, which focus on environmental issues of public interest litigation formed. Different from traditional environmental litigation, public trust theory, environment and the right to provide theoretical support for the theory. Magnify function theory of modern litigation has created a unique environment for public interest litigation mechanism of policy formation. The purpose of the establishment of environmental public civil action is to give the public and those who are regulated to provide access to justice in national environmental management rights and opportunities, and to a considerable extent, on the environmental policy formation and the development of environmental legislation have a positive impact.The composition of the contents of the papers from the five chapters, the first chapter an overview of environmental public interest litigation, to give a clear concept of environmental public interest litigation, classification and characteristics, to understand the basic reason of their birth and development and theoretical basis; second main comparative chapter on the environment Two Legal Systems to explore the problem of civil public interest litigation against the United States, Japan, Germany, Britain, France, the practice of public interest litigation to conduct a comparative study of the environment has been designed abroad, public interest litigation system as our reference and learning from them; third chapter the establishment of environmental civil the feasibility and necessity of public interest litigation are introduced to emphasize the significance of the establishment of such a system; fourth chapter,And thinking through in-depth comparison of major research environment, the problem of civil public interest litigation plaintiffs. By comparison, the obtained based on the current situation in China, prosecutors should be more reasonable as the plaintiff to prosecute. Chapter V is the focus of this paper, we see that China's current environmental civil law public interest litigation in the real world faced embarrassment, on this basis, proposed the establishment of China's environment, the basic concept of public service civil and environmental public civil actions against the system a number of special conducted in-depth discussion. Bold ideas to build China's environmental public interest litigation system, the basic concept of civil, including improving relevant laws and create a citizen's environmental rights, the prosecution in the law explicitly mention the right environment for prosecution, prosecution, and work environment, a number of procedural rules in civil prosecution system concept. The aim is that the environment in China, the early establishment of a civil public interest litigation system, a better solution to existing environmental litigation.