Research On The Framework Of The Environmental Public Interest Litigation In China

Since the environmental rights was determined in the form of legal, Environmentalpublic interest litigation has been developed in Western developed countries, and used injudicial practice widely. Compared to Western developed countries, Environmental publicinterest litigation system in China is still "blank areas", This will undoubtedly lead to acycle deterioration of the situation of environmental prob lems intensified. Because of theintegrated features of the environment, the environmental tort disputes often damage isdone to the environmental interests of the state and society as a whole. This is thedifference of environment and individual interests. Environmental benefits is atypical public interest. Now, China’s current procedural law focus on the protection ofprivate interests, while ignoring the maintenance of the public interest. With growingenvironmental issues, people’s environmental awareness has gradually increased and moreand more people for the environment and public interests and pick up the legal weaponsfor its justice. Because the current legislation does not expressly provide environmentalpublic interest litigation and The three procedural law limits the scope of the plaintiffqualification, To some extent, that hindered citizens to exercise the right of action of theenvironment. In addition, Although there are a lot of environmental public interestlitigation is a useful attempt in China, but no substantive progress. The main reason is thatmore people do not know of such a new thing for environmental public interest litigation.Furthermore, Local governments have different attitudes for environmental public interestlitigation, and there is no uniform norms to deal with this form of action. China’s currentenvironmental litigation mode can not meet the practical needs for the protection of theenvironment public, owing to design flaws in the legislation and embarrassments in thepractice. That all unfavorable for the sustainable development of the cause ofenvironmental protection in China. This article through the analysis of academic issues, for example, the theory ofEnvironmental rights and the plaintiff broaden qualification, and the selection ofenvironmental public interest litigation mode. Compare the foreign environmental publicinterest litigation system and benefit from their advanced experience for trying to figureout the shortcomings and limitations of the legal system of China’s current environmentalprotection. Hoping to find a more in line with China’s national conditions environmentalpublic interest litigation mode through means of the comparative analysis and research.