Study Of Environmental Public Interest Litigation System

The deterioration of the environment, the ecological crisis is a serious threat to China's economic and social development of harmonious and the people's life and property safety, how to coordinate the environment and economic development, the establishment of a harmonious relationship between man and nature. China is facing at this stage as a major issue. From our present situation, the existing environmental protection mechanism does not play an effective role in the protection, damage to the environment when the incident occurred, public environmental interests continuously violated. citizens the right environment to be effective protection and relief, therefore, an urgent need to establish and improve the public's environmental protection system. Environmental public interest litigation system is an effective environmental protection of public interest and civil rights of the environment, all the countries in the world have established the system. China to build environmental public interest litigation system is the implementation of the scientific concept of development and building a resource saving and friendly to the environment necessary for the protection of society, as well as continuously.This paper is divided into an introduction, body and conclusion of three parts, are described below :Introduction: This section sets out the establishment of China's environmental public interest litigation in the background of reality. My brief analysis of the establishment of environmental public interest litigation system inevitability, but on the main writing paper characteristics.The body of this article is divided into several parts as following:Part I: First on the environment and public interest litigation in the broad meaning, the next major environmental described the selection of public interest litigation, concepts, characteristics, type and value. I believe that the environment is a public interest litigation in the traditional legal system to protect the environment of public interest growing out of the background, Community environmental civil litigation, including environmental and public interest litigation environment administrative public interest litigation, litigation existence of the broad eligibility, The nonprofit purpose, the two main forces in the gap, preventive and other features, and with the prevention of damage, litigation economic, democracy, the values of the rule of law.Part II: Analysis of the major environmental public interest litigation theories. In this paper that environmental public interest legal recognition for the environmental public interest litigation arising from the premise. Environmental Right theory has been steadily improved and the development of the theory of the right to appeal, in particular the interests of ideas v. update environmental public interest litigation system to develop and perfect the important theoretical basis. Finally, the environmental public interest litigation system for Economic Analysis.Part III: Environment for foreign public interest litigation legislation and practice with the inspection. First analysis of the citizens of the United States system of public interest litigation attributes of the civil plaintiff to sue, restrictions litigation, litigation costs and judgments. Then, on the Japanese system, the main types of proceedings including the elimination of the class, a voluntary action residents litigation and State compensation litigation with the American system compared to the scope of its action by the more stringent restrictions. Subsequently, a brief introduction of the system of EU countries. Finally, the inspection on the basis of a brief summary of the system of common abroad, My environment for the public interest litigation build some experience to draw on.Part IV: China introduced the environmental public interest litigation system status, Analysis of China's major environmental public interest litigation system in the substantive and procedural deficiencies in legislation and judicial dilemma. China's current legal system environment entities not on the environment public interest litigation system, the clear provisions civil and administrative procedure laws have limited environmental public interest litigation has become impossible, in judicial practice, environmental public interest litigation has also been excluded.Part V: Construction of China's environmental public interest litigation system put forward some concrete ideas. First, from the legislation should achieve environmental rights into the Constitution, the law on the environment changes, in the traditional civil and administrative proceedings within the framework of the traditional litigation process transformation, achieving environmental public interest litigation legislative confirmation. Then the author on public participation in the improvement of system, the plaintiff eligible for the establishment of their own ideas. then that should be the cost of litigation, the burden of proof, Limitation of actions system in favor of the plaintiff and the transformation of environmental groups nurture start of the proceedings for protection Finally, we act to prevent overcharging complaints and litigation dispose of limitations discussed.Conclusion : The author shows that the welfare of our environment for the establishment of the system of litigation optimistic expectations.