Study On Environmental Public Interest And The Construction Of Its Relevant Systems

The environmental public interest is the common interest that the indefinite majorityobtain from the environment. The benefited subject of the environmental interest is theindefinite majority, and the characteristics of its object are the non-rivalness andnon-excludability. Because of meeting every characteristic of the public interest, theenviromental interest is one kind of the public interest. The existence of the wording,“environmental public interest” is for emphasizing the public nature of theenvironmental intersts. According to Chinese laws, the environment is divided into twogroups of living environment and ecological environment., so that as the sub-concept ofthe environment interest, the ecological interest is still a kind of the public interest.Since the eighteenth national congress of CPC, on which the ecological constructionwas made to be treated as the key work in the next, the theory of the ecological interesthas attracted the attention of the academic circles. In fact, the whole environmentaljurisprudence is greatly related to the theory of the public interest, and use the theory ofthe public interest as the guidance when studying the environmental jurisprudence, youwill get a new perspective.The public interest is the common interest of the indefinite majority. The expressionof the public interest in laws of different countries is not all the same. It and its relevantconcepts always confuse the readers, and comparison of them can help peopleunderstand the concept of the public interest deeply. The same with its connotation, theextension of the public interest is hardly to describe, and however, it is changing withthe times changing. Now, most of countries in the world has agreed the environmentalinterest to be treated as one kind of the public interest. Except for the basiccharacteristics of the public interest, the environmental public interest has its own ones,like the integrity, potentiality, fundamentality and diversity. In modern society, the greatsignificance of the public interest is attributed to the justification of its restriction to theindividual rights, and this justification is a signality to the whole environmentaljurisprudence.The theory of the public interest is the foundation of the environmental publicinterest’, and also helps the latter get its own important position in the wholeenvironmental jurisprudence. Because of that, the construction of its relevant systemsshould be in line with the principles of the public interest. Firstly, the theory of the environmental public interest is the foundation of the construction of the environmentalpublic interest litigation system, and it gives rationly support to some aspects of thesystem, as the existence of the litigation, the qulified plaintiff of the litigation, and thereasonable complain of the litigation. Since the system has been ruled in Chinese CivilProcedure Law, the modification of Chinese Environment Protection Law should beaccelerated to make related problems more clear. On the other side, afterunderstangding the public nature of the ecological interest which is the sub-concept ofthe environmental interest, the whole construction of ecology should be guided by thetheory of the public interest to make clear the subject and object of the legal relationshipin the construction, and design the framework of the construction.All in all, we should realize the great significance of the theory about the publicinterest to the whole environmental jurisprudence, make clear the charicteristics of theenvironmental interest as one kind of the public interest, and construct relevant systemsin line with the principles.