Research On Environmental Civil Litigation Issues

Since the reform and opening up, we have been advocating taking economic constructionas the center. Today, China ’s economic development has made rapid development,misconceptions brought after pollution is increasingly serious environmental pollution,environmental pollution and economic growth in GDP, with the rapid development of the.Severe haze pollution, serious water pollution, to the extent of shocking, to the people livingthe inconvenience, but also a threat to people’s lives, property, health. Songhua River waterpollution, water pollution and other public hazards Tuojiangosaurus career occurred a fewyears ago, has been a serious threat to local residents in the local area. Pollution of theenvironment while also hindering the healthy development of the economy. At this time, thepeople have begun to pay attention to environmental protection, recently held two sessions,how to protect the environment, governance, fog and haze is the main issue. Because ofenvironmental protection in the judicial field there is a serious flaw, there is no establishedenvironmental civil public interest litigation, there is a serious legal blind charity in terms ofprotecting the environment, to deal with the problem of environmental pollution, mostlyadministrative fines, environmental persecution often assume a smaller penalty cost is highreturns in exchange for sacrificing the environment. Social and institutional drawbacks, inconnivance with the presence of environmental pollution on the one hand, while on the otherhand also limit the actions of the people to protect the environment. Therefore, how todevelop the economy while protecting the ecological environment, to build a harmonioussociety between man and nature, how to make full use of the legal system to safeguard thehealthy development of the ecology and economy, how to create a perfect environment forcivil public interest litigation become an important subject. This article is based on the statusquo of China’s national conditions, analyze the basic concepts of environmental publicinterest litigation, from environmental rights, elaborated the feasibility and necessity of theestablishment of environmental public interest litigation in civil and through the analysis offoreign advanced environmental public interest litigation system such as the U.S. citizens and organizations litigation litigation system in Europe and some of the judicial practice indeveloped countries, combined with China’s environmental public interest litigation in thepublic interest litigation on the plight and our ideas about the defect environmental legislationon public interest litigation, made a number of targeted how to create a premise ofenvironmental public interest litigation environment while improving our civil public interestlitigation, to determine the scope and environmental rights established environmental publicinterest litigation on the subject of proceedings under the jurisdiction of the courts,procedural rules, the cost of litigation made some system conception, the finalrecommendations strong vocational training of judges and prevent abuse complaints system toensure a good environment to run the Public Interest Litigation...