Study On Fit Subjects And Division And Cooperation Mode Of Environmental Public Interest Litigation

Environmental pollution and ecological destruction are accompanied with rapideconomic development. Due to the complexity of environmental problem, the diversity ofinfluence range,its resolve path has already surpassed traditional solution.Appropriatedetermination standards of traditional procedure law can’t relief environmental publicinterest perfectly,and the government and market also appear "failure" situation inprotceting environmental public interest. Academics and judicial practice departmentbelieve that environmental public litigation institution is important power to protectenvironmental public interest.Fit subject types of environmental public interest litigation isclosely related to connotation of environmental public litigation system.In fact, thecharacter of public interest decides the body range of environmental public interestlitigation.Theory research indicates that the appropriate subject of environmental public interestlitigation has four types: the procuratorial organs, environmental administrative authorities,environmental NGO and the public. Each subject in the judicial practice is subject toenvironmental public interest litigation activities,and achieving good environmentaleffectiveness.The author regards the practice of environmental public interest litigation asguidance,analyzing advantages and disadvantages of filing environmental public interestlitigation.And based on this,exploring the division and cooperation mode of four kinds ofsubjects in the practice. The analysis results show that the procuratorial organs andenvironmental administrative authorities are best subjects of filing environmental publicinterest litigation under the current law environment and power configuration mode,thedivision and cooperation which both subjects start in the environmental public litigationpractice are good modes to promote environmental public interest litigation. But theremust be clearly is that the premise which environmental administrative authoritiesbecomes proper subject of environmental public interest litigation is diligent enforcementand Properly breds.Because of many factors,Environmental NGO and public failed to playthe advantages in the environmental public litigation institution.From the analysis,the author thinks,at present, environment NGOs and the public are not the best subject to fileenvironmental public interest litigation,the legal status of Environmental NGOS and thepublic needs to be reconstructed.The efforts on reconstructing should include twoaspects,on the one hand,the institution of public participation needs to be constructed;onthe other hand,it requireds to change the governing idea and legislative idea, constructinteraction cooperation mode between the government and the public.In fact,innovatingthe ruling principle and legislation are the key and living water source to perfect thesystem.