The Improvement Of Environmental Public Interest Litigation In China

The modification of The civil procedure law of the People’s Republicof China is the new starting point of environmental public interestlitigation in China.The environmental public interests litigation is forpurpose of protecting environmental public interests which is the socialpublic interests of environmental law. In consideration that the socialpublic interests is an opening concept, it would be abused if it isn’tdefined on law. It can provide judgment principle of legally define theconnotation of social public interests from the subject and content ofinterests,through the study of social public interests. Environmentalpublic interests is the social public interests of environmental law,which has the general features of social public interests and its ownfeatures. Only clear the connotation of social public interests, canwe accurately grasp the type of interests in building environmental publicinterests litigation.In recent years, there is more and more exploration of environmentalpublic interests litigation, with the deterioration of environmentalsituation and the improvement of people’s legal consciousness. But theenvironmental public interests litigation,as a new litigation form, hasmany problems in practice. Before the new “civil procedure law” enacted,there’s no legal provisions on the environmental public interestslitigation in our country, and the lack of law makes the legitimacy ofthe environmental public interests litigation has been questioned. Inthe existing environmental public interests litigation cases, there aremany case that is just for the personal and property rights and interestsof the pollution victims, ignoring the benefits of the environmental damage itself, which deviated from the purpose of protecting theenvironmental public interests. The enact of the new “civil procedurelaw” is the beginning of legal recognition of the environmental publicinterests litigation. But as a principled regulation, it is not enoughto change the present situation of the environmental public interestslitigation in our country,the construction of the environmental publicinterests litigation still need to improve.Only in the perspective of the protection of the social public interestsand closely around the environment public interests litigation’s purposeof protecting the environmental public interests, can we firmly graspthe direction of the construction of environmental public interestslitigation. To perfect the construction of environmental public interestlitigation, first of all, we must make clear the law of environmentalpublic interest litigation is defined,define the connotation ofenvironmental public interest in the form of law, and enrich the legalsystem of environmental public interest litigation. Secondly, to enlargethe scope of accepting cases of environmental public interest litigation,to maximize the protection of the environment public interest. Moreover,the environment public welfare lawsuit main body should be expanded andproperly limited, giving all kinds of subject of litigation rights andmaking sure the right line in order. Finally, optimizing environmentalpublic interest litigation procedure, in order to be more conducive tothe protection of the environment public interests.