Environmental Public Interest Litigation System Research

In view of multiple environment pollution violations of countries all over the world, it is imperative to set up a reasonable and generally applicable system of public interest litigation. At present, the theory of environmental public interest litigation overseas mainly relies on social entrust theory, attorney general theory and environmental rights theory, but these theories which have its contradiction can't really realize the purpose of public interest litigation. Public interest litigation joined by many people just stands for multiply environmental litigation in the sense of traditional civil law and just leads to civil liability compensation. However, the collective environmental public interest litigation is put forward to furthest guarantee the realization of the public interest.This paper elaborates the feasibility of environmental public interest litigation system in the perspective of collective environmental public interest litigation. By the contrast of the functions of traditional and the modern environmental litigation, together with the researching on related environmental laws in other developed countries and the current status in China, this paper analyses the existing problems at the present stage in China under the premise of environmental public interest litigation system, including the breakthrough to the sue of plaintiff, entrusting specific authorities and groups indictment power, and the necessity and rationality of setting up environmental protection court and other relevant details. This paper also clears the systematical deficiencies of environmental protection in legislation in our country in order to make up the loopholes in future system reform and tries to provide legal basis for environmental public interest litigation.As a new system, environmental public interest litigation is an effective way of supervision. Under the supervision of the whole society to the public environmental interest, it will not only prevent the happening of the illegal behaviors, but make up the flaws on the management of national environmental affairs as well. Environmental public interest litigation meets the social demand for environmental protection through the public interest litigation. In the process of the environmental disputes settlement, social relations related to environment are adjusted accordingly, the resources of litigation are fully used, victims are also compensated, and it is more important that the public interests is safeguarded.The cases of environmental pollution damage tend to be complicated and its occurrence reasons are also diversified. Once pollution happens, environmental situation is hard to recover and the communication of global resources leads to the expansion of damage scope. Therefore, standards of proof and compensation are also not easy to define. In light of the characteristics of environmental pollution cases mentioned above, environmental public interest litigation should make corresponding regulations on burden of proof, the burden of litigation cost and compensation. This paper elaborates the necessity and feasibility of the establishment of China's environmental public interest litigation system and puts forward some tentative plans.