The Application Of Public Interest Litigation System In Heavy Metal Pollution Prevention And Control

Abstract:Heavy Metal Pollution is caused by the mining, emission, waste water irrigation and the use of heavy metal products.The heavy metal pollution in China has been showing a growing trend, has caused extensive concern of the whole society for heavy metal pollution. The lack of heavy metal pollution prevention legislation and environmental law enforcement supervision, causing the traditional litigation system is limited in the facing of environmental protection, forcing us to think about a new type of proceedings and remedies. Environmental right theory and the public trust theory provides a theoretical basis when the public interest litigation used for the heavy metal pollution prevention and control. Foreign legislative experience and judicial practice of domestic and foreign public interest litigation indicates that public interest litigation can effective prevention and control of environmental pollution, maintain public environmental welfare.The practice of public interest litigation in domestic is suitable for heavy metals pollution incident also shows that the public interest litigation in China is useful in the prevention of heavy metal pollution. Considering the public welfare lawsuit system in our country has just started, it works in heavy metal pollution prevention and control, also faces such as the lack of legislation, the unjust distribution of burden of proof, and compensation mechanism for the subsequent rescue mechanism imperfect incentive mechanism of dilemma. Therefore,it is necessary to display the dilemma of public interest litigation system in our country, from the legislation, the burden of proof, the rational allocation of the establishment of the incentive system, the litigation costs to bear and so on, to improve the system of public interest litigation, making the public interest litigation system can play its role in heavy metal pollution prevention.