Research On Public Interest Litigation System Of Air Pollution

The establishment of the public interest litigation system of air pollution is not only the important guarantee of the atmospheric environment governance for public participation,but the important link of the construction of legal system and the important way to solve the problem for atmospheric pollution governance. In the past two years, the revision of legal institution, the improvment of the public’s awareness of atmospheric environmental governance, the experience of foreign public interest litigation system of air pollution and the demand of the practice in our country laied the foundation for the perfection of the public welfare lawsuit system of air pollution.In April 2014, the new Environmental Protection Law established the public interest litigation system of air pollution. It is a great progress for the environmental protection,it provides legal channels to participate in environmental protection for citizens and social organizations. However, the provisions of the environmental public interest litigation is a procedure rule, it solves the way to the environmental public interest litigation proceedings.But,after entering the public interest litigation atmospheric pollution, how to define the damage, what includes the compensation scope need to make clear regulation laws and regulations.The theoretical foundation and the system construction of the public interest litigation system of air pollution is complicated and arduous project. In this paper, it is divided five parts to detailed analysis. In the first part, it explained the selected topic background,significance, research status, research objectives and contents, research methods and innovation. In the second part, it analied the present situation and predicament of the atmosphere pollution and atmosphere pollution of public interest litigation, which suggests that establishing public interest litigation system of atmospheric pollution is important for atmospheric pollution. The third part analied the necessity, theoretical basis, legislative basis and theoretical system updates to establish the atmospheric pollution in public interest litigation system.The fourth part introduced the experience of atmospheric pollution public interest litigation system from United States, Japan, India and the EU,analied the reference value for our country. In the fifth part, it talked about building commonweal lawsuit system of air pollution fit for the practice present situation and the status quo of the theory in our country from the scope of the plaintiff qualifications, scope of accepting cases, the relief way and the improvement of litigation system and supporting.