The Construction Of Environmental Public Interest Litigation System Under Environmental Right Horizon In China

This paper mainly discusses the construction of environmental public interestlitigation system with the core of environmental right. It specific should include twodimensions, namely the environmental right and the environmental public interestlitigation system, which have association including that the environmental right isthe core of environmental public interest litigation system, and the environmentalpublic interest litigation system is the relief mechanism of environment right.This paper is on the basis of discussing the origins, its practice andachievements at home and abroad of environmental public interest litigation, themain characteristics and development about China’s current implementation of theenvironmental public interest litigation system. This paper also demonstratestheoretical value and practical significance on the environmental public interestlitigation system with the core of environmental right.Through making clearly definition on the concept and its property, content andof power, status and role, function and relief mechanism of environmental right, atthe same time, this paper argues that environmental right as a historical, social,developing concept refers to all units and individuals have the right to enjoy cleanand healthy environment, also have the duty to protect the environment.Environmental right belongs to the basic right. It’s the foundation and logicalstarting point of environmental law category, and also is the operation starting pointand function determination living in environmental public interest litigation system.Environmental right is always along with the operation of the system ofenvironmental public interest litigation, and environmental right is the guidance coreof the environmental public interest litigation system.In this paper, we discuss the ontology (concept and attribute), the circulation(actual operation and specific function) one by one, and make a realistic evaluationof the existing environmental public interest litigation system in China. This paperargues that: environmental public interest litigation system refers to the general public shall have the right to file for judicial organs to relief as when there isinfringing by the crime or a big risk to environmental right. China’s current publicinterest litigation system with the main content of environmental social publicinterest is fundamentally different from the environmental public interest litigationsystem defined in this paper, about the key difference, this paper discussedenvironmental public interest litigation system is emphasizing to the core ofenvironment right.This paper argues that the construction of environmental public interestlitigation system with the core of environmental right has the necessity andfeasibility. The construction of environmental public interest litigation system withthe core of environmental right is the objective overall selection of comprehensivelydeepen the reform, the rule of law in an all-round way, and the construction ofecological civilization, and is also the reality and system practice needs of thegovernance environment crisis and maintaining the environmental right, andespecially is the history inevitably of the lawsuit idea’s development and the systemof litigation system’s improvement. With expanding to perfect current environmentalcivil public interest litigation system, the general public have a strong sense ofenvironmental protection and have the passion to actively participate inenvironmental affairs, and the ruling party, the central government and theenvironmental protection department are more emphasis on environmentalprotection obligation offers huge possibilities to the construction of environmentalpublic interest litigation system with the core of environmental right. On designingconcrete system, we shall follow the principle of provisioning the environmentright terms, expanding and correcting environmental public interest litigation, thencombining the environmental right and environmental public interest litigationsystem for the common rule in the construction of the environment rule of law.Environmental public interest litigation system’s life lies in the practice. So inaddition to incorporating environmental right gradually into the environmentalpublic interest litigation system in our country, the main is through both the judiciallitigation law under the framework of the specific work to carry out theenvironmental right. So we keep the stress that the state judicial organs should pay more attention to environmental right, the judicial personnel should improve theenvironment right consciousness and ideas, the judicial process should be fullyintegrated into the connotation of the environmental right of operation process. Weshould be more emphasis on public participation in the concrete implementation ofenvironmental public interest litigation system with the core of environmental right.To sum up, deepening the research on environmental public interest litigationsystem with the core of environmental right can help us to analysis and solve theproblem of environmental public interest litigation from the perspective of legaltheory.