Institutional Perfect Of The Environmental Public Interest Litigation Under The New Environmental Protection Law

In recent years, although economy develops fast, the environmental issues are increasingly serious, which bring negative influences not only on economy development but also on the national production and living. When environment is damaged, it is the questions of how to protect the environmental public interests by litigation and how to confirm the legal subject that raise wide attention and heated discussion in domestic environmental academic circle.Environmental public interests litigation started late in our country and were not stipulated in clear law, however, it is paid much attention in environmental law academic circle and environmental protection practical circle. In 2012 Civil Procedure Law was revised to first write the environmental public interests litigation in law, which built the foundation of environmental public interests system. The revised Environmental Protection Law in 2014, although brought the eligible social organizations into the legal subject, the prosecuting qualification of state organs is not clarified and the citizen as by heat-discussed in academic circle is not included into the legal subject qualification. January 7, 2015 the implementation of "The Supreme People’s Court on Several Issues concerning the trial of civil environmental public interest litigation case applicable judicial interpretation " and local laws and regulations further perfect the environmental public interests litigation system, therefore, some problems were partly solve. However, there is no doubt that the stipulations of less than 200 words in these two laws are very weak, so that many environmental public interest litigation problems are embarrassing situation.The article is on studying the perfection of environmental public interest litigation system under the background of new Environmental Protection Law. Firstly, the paper expounds the basic theory of environmental public interest litigation, including the development history and basic theories. And then, this paper makes a research on the environmental public interest litigation in foreign countries, and points out the inspiration and thinking of the developed countries in the environmental public interest litigation. In the third part, a series of problems including legislation and judiciary in the existing environmental public interest litigation, puts forward some constructive suggestions and countermeasures and analyzes the reasons. In the last part, on the basis of judicial interpretation of Supreme Court, Trial Schemes on Procuratorial Organs Bring Environmental Public Interest litigation, local laws and regulations, the paper delivers the perfect suggestions and makes the deep feasibility and necessity analysis, including first, to define related subject in legal and judicial interpretations, such as qualifying the legal subject of procuratorial organs, environmental administrative organs and citizens, secondly, to build the protective system, such as bringing the inverted burden of proof, extending suit time, so that the ecological environment would be protected by the judicial remedy.