The Study Of The Implement Of The Non-profit Environment Litigation System In China

With the frequent occurrence of environmental cases in recent years, leading to national and public interests suffered serious losses, people come to realize the urgency and the importance of protecting the environment. Focus on economic development for our country, will inevitably lead to conflicts of economic development and environmental issues. From the current situation of environmental public interest litigation system is an effective means to solve environmental problems in foreign countries has formed a complete system, and achieved good results in solving environmental disputes. Due to the academic and judicial attention and who pushed open the door of environmental public interest litigation in the 2012 Civil Law. This year the newly revised environmental law environmental public interest litigation plaintiff qualification system has been improved, at the same time, this year introduced the relevant environmental public interest litigation on the trial of the case, this interpretation is to improve environmental public interest litigation is another major initiative on the environment public interest litigation aspects were perfect. Nevertheless, these laws are still not formed or interpretation of environmental public interest litigation system system operability is not strong, is not conducive to the conduct of judicial practice. Although the local court in environmental tort cases has accumulated some experience, but because of the imperfect system has led to the court on the basis of insufficient cause trouble. Therefore, improving environmental public interest litigation system worthy of further discussion and study.This article from the status of environmental public interest litigation, issues and suggestions to improve three aspects are discussed by analyzing the current situation and problems, to find ways to improve the environmental public interest litigation. First, starting from the legislative and judicial status quo, their characteristics are summarized and analyzed. Features of Current Legislation Division mainly after earlier legislation, scratch, etc., the performance characteristics of the judicial practice in no legal basis for the law is difficult to follow, according to the law and so on. Secondly, summarize environmental public interest litigation system implementation process and analyze the problems, mainly reflected in the prosecution difficult, hearing difficult, hard evidence, the high cost of implementation difficulties in several aspects. Finally, for the issue and examine foreign environmental public interest litigation system, make recommendations for improvement based on environmental public interest litigation system in China, mainly from the lower threshold for prosecution, set up a special hearing mechanism, the establishment of a professional environment accreditation bodies, establish environmental public funds, to improve the implementation of monitoring mechanisms and other five suggestions aspects.