| The marine has vast space and rich resources, it has become the importantsupport for the survival and development of human beings Since we have enteredtwenty-first Century, marine exploitation and utilization have become an inevitablechoice of solving the shortage of land resources, opening up survival space andrealizing human sustainable development. However, with China’s rapid developmentof marine economy, marine environmental pollution and destruction has intensified,the situation of marine environment protection is becoming more and more serious.Some cases which involving marine environmental public interest have attractedwidely public concern. Marine environmental public interest litigation should be thenecessary way to the protection of the marine environment, and it should be apowerful legal weapon, but the related legal provisions in our country are too abstract,and its operability is very poor, many deficiencies have been exposed in practicing,we have not build the whole system of marine environmental public interest litigation,and we still have a long way to go. The revised Civil Procedure Law andEnvironmental Protection Law provide a new starting point for the construction ofmarine environmental public interest litigation system.In order to establish and perfect the marine public interest litigation system inour country as soon as possible, push all kinds of social forces to participate in theprotection of the marine environment, and promote the cause of marine environmentprotection, this paper elaborates the concept, characteristics and necessity of marineenvironmental public interest litigation, then analyses its current situation andinsufficiency, after taking America’s experience for reference this paper starts on thecomprehensive exploration of our marine environmental public interest litigationsystem’s improvement. This paper consists of three parts: introduction, the body andconclusion, and the body consists of five chapters, the specific structure are asfollows:The first chapter defines the concept of marine environmental public interestlitigation, by following the road of from the general to the specific, and analyzes thefour characteristics of marine environmental public interest litigation, to expound thebasic problems of marine environmental public interest litigation.The second chapter introduces the urgency of marine environment protection,then summarizes the limitations of our current marine environmental law,administrative means and the traditional litigation system, so as to prove the necessityto establish and perfect the system of our marine environmental public interest litigation.The third chapter sums up the present situation and deficiencies of our marineenvironmental public interest litigation: through analyses the legal basis and obstaclesbefore and after Civil Procedure Law amendment, and combines with Tasman shipcase to summarize the problems from practice.The fourth chapter takes American marine environmental public interestlitigation system for reference: firstly the paper studies its legal provisions, thencombined with case of the Gulf of Mexico oil spill analysis its implementation effectand inspiration to us.The Final chapter taking the preceding analysis as the foundation, in reference toAmerican marine environmental public interest litigation system, the paper gives fourpieces of advice to improves our marine environment public interest litigation system:the legislative path selection, the improvement of the subject of litigation, theelucidating of rules and procedures of the litigation, and the improvement of thesupporting system, explores the operation of the specific system, designs the rules andprocedures, to form a complete system and to provide a reference paradigm, inexcepting to do some help to solve the practical problems... |
