The Social Psychological Research Of The Environment Public Interests Litigation

The environment public interests litigation is the transformed economic development way during China’s major transformation period insisting on the guideline of “four comprehensive”, advocates the green society of “ resources saving type and environment friendly type” in the face of severe situation of serious pollution national conditions, and it’s different from the past major system initiatives and innovation of environmental private benefits in the aspect of litigation system, its purpose is to build up wide range environmental litigation rights protection system to shunt the environmental infringement cases, save litigation costs, improve the litigation efficiency, and improve the litigation effects to reduce environmental pollution, protect public environmental rights and environmental public interests. The mechanism has been widely carried out across the country in recent years, the practices of all areas continue to enrich, Guizhou, Yunnan, and Jiangsu provinces make beneficial exploration on the mechanism, but because there is still no the establishment of environment public interests litigation system( nature, prosecution subject, function, classification, mode, range, process and other problems) in the legislation aspect or judicial practices for full, clear and specific provisions, it leads to the problems that all areas could not form unified opinions in the implementation of environment public interests litigation practices and expose out many theoretical confusions and practice problems. The revision of “civil procedure act” and“environmental protection law” is about the latest provisions of environment public interests litigation system and the introduction of “the interpretation of the Supreme People’s Court on the problems of law application on handling environment civil public interests litigation cases” also cause new problems of environment public interests litigation system, which need urgent and in-depth discussion and solution.The paper used the classic theory of social psychology and analytical methods,creatively integrated into the social psychological research on the subjective motivation, subjective demands and interests driving behind the generation and development of China’s environment public interests litigation system. With the environment public interests litigation case of Taixing city of Jiangsu province as observation sample, the empirical research on the environment public interests litigation practice was carried out, combining the social psychological research of the subject of the case to review and reflect the current theoretical researches and practices of China’s environment public interests litigation system. The social psychological knowledge that the paper mainly took reference of and made use of stressed the effect of factors culture, social conditions and relationships on the national people’s psychology and behavior, stressed the role of environment and experience in the formation and development of national people’s personality,attached importance to integrating the national people’s psychology and behavior with the aspects of cultural, political, economic, and social consciousness, observed the formation of modern people’s personality from the process of social development.The interpretation through social psychological analysis on the environment publicinterests litigation system has innovative exploration and attempts for China’s environment public interests litigation system and its operation status.Through the study on the subject social psychology of the representative case, I found that China’s environment public interests litigation system was carried out slowly, the reasons for poor effectiveness lied in the national “authoritarianism personality” and “escaping psychology” in the unreasonable socialization process, the subjects of environment public interests litigation system had different interests pattern under the effect of “authoritarianism personality” and “escaping psychology”and caused different demands and action logic in the environment public interests litigation. Also because the interests couldn’t get effective guarantee, their performance in the operation were much negative, leading to the results that although there formed a complete procedure, the procedure structure of cases existed discrepancy between names and reality, unclear participating subjects, severe differentiation of interests, alienation of execution, the environment public interests litigation could not undertake the role of maintaining environmental public interests well. Combining the observation and reflection of the sample, the paper believed that,firstly, the environment public interests litigation relies on the country to establish new type and environment friendly type development path, rebuild the contact links for the harmony coexistence with natural environment, reshape the national complete independent personality with the faith to protect environment; secondly, the completion of legislation system and litigation system has possibilities and necessity,including its starting methods on how to be more convenient and high efficient, cases range definition on how to be more accurate and suitable, the time of environment public interests litigation to be more reasonable and specified, the connection between environment public interests litigation and other litigation systems to be more smooth;finally, the operation of environment public interests litigation system need to take into account reasonable demands of all parties, overall plan the interests of all parties,it’s necessary to further improve the sense of national environmental protection, make guarantee incentives for the rights and interests of subjects, guarantee the procedure selection rights of the party involved, strengthen the team construction of environment public interests litigation party, and encourage them to participate more in the environment public interests litigation.