Environmental Public Interest Litigation A Low Rate Of Accepting Cases Of The Solution

In recent years, environmental pollution incident occurred frequently, and the damaged party demands expression mechanism of citizens and groups did not open. Under this big background, public interest litigation system on January1,2013are included in the civil procedure law. Originally envisaged in the environment public interest damaged increasingly serious at present, environmental public interest litigation should win "bang" era, and even some scholars worry that once opened the door to the convenience of environmental public interest litigation, it is likely to lead to the possibility of "rampantlitigation". But the reality is the phenomenon of environmental public interest litigation a low rate of accepting cases is still not improved, intention in this paper, through the analysis about the present situation of environmental public interest litigation, learned that behind the cause of the environmental public interest litigation a low rate of accepting cases and complete system, thus promote environmental public interest litigation get rid of the shackles of a low rate of accepting cases, make the environmental public interest litigation system can be fully used in the judicial practice.This article obtains from the concept of environmental public interest litigation system, the definition of the environmental public interest litigation as well as the characteristics are expounded briefly, and then to the new "civil procedural law" promulgated, new "civil procedural law" promulgated after and before the relevant environmental public interest litigation judicial interpretations promulgated in2015, low environmental public interest litigation practice case analysis, it is concluded that the cause of the environmental publicinterestlitigation in our country a low rate of accepting cases mainly in three aspects:one is the environmental public interest litigation in legislation, general citizens out of the prosecution main body, that to the main body of v. cannot v.; Second, the environmental public interest litigation cases fund risk is too big, lead to even able to Sue on environmental protection organization also dare not to prosecute; Three is rational apathy in the theory of public in environmental public interest litigation can "hitch a ride", the popular choice with the attitude of silence in the face of environmental damage behavior.Finally, in view of the cause of environmental public interest litigation a low rate of accepting cases and put forward three aspects of the complete system, to civil environmental public interest litigation prosecution main body, establish a special fund of environmental public interest litigation system and allowed to come up with a certain proportion from the losing party for compensation of compensation as a bonus, to encourage the enthusiasm of social environmental public interest litigation cases.This article, from the perspective of the environmental public interest litigation is low rate of accepting cases reality, deeply discusses low rate of accepting cases system of environmental public interest litigation system in China, hope that through the improvement of the system in order to prevent the environmental public interest litigation in our country only stays at the level of "look good", and further the environmental public interest litigation in the judicial practice for a little push.