Construction Of Legislation About Enviromental Public Lawsuit

As a way to achieve environmental justice and environmental democratic,environmental public lawsuit symbols the waken up of human right and the reasonablespirit of law. Different from the common lawsuit, environmental public lawsuit's aim is topreserve the public benefit of environment. The environmental public lawsuit could divideinto two kinds based on the different accused. One is environmental public administrativelawsuit, the other is environmental public civil lawsuit.This thesis based on theoretical study and learn the successful experience of foreigncountry's environmental public lawsuit, mainly analyze the weak point of our country'senvironmental public lawsuit and point out the suggestion for improvement, set up theprogress of litigation lead. Because our country doesn't have laws about people'senvironment right, it makes the remedy of public environment dispute difficult to enterjudicial progress. Through the discussion of the status of the accuser, the burden of proof,the scale of accepting cases and the ways to remedy, it analysis from the two ways ofenvironmental public administrative lawsuit and environmental public civil lawsuit.The writer consider that in the rising of environmental protection movement, thehuman's environmental right should write in constitution. It also write clearly people'sright and duty, which supply basic for environmental public lawsuit. Though the study ofenvironmental public lawsuit and combines the practice of public environmental lawsuit,the writer consider it necessary to set up environmental public lawsuit system, it alsoagrees with the demand of time. The unstopping appear of environmental public lawsuitmakes the practice walk in front of the theory. The writer hopes this thesis could pushforward the set up of our country's set up of environmental public lawsuit.