Research On The Dynamic Problem Of Environmental Public Interest Litigation

Environmental public interest litigation system is maintenance of the environment public interest judicial relief system; it is an effective way to protect the ecological environment, from the source to prevent damage to the environment and ecological destruction. Environmental public interest litigation system in China’s development should be at the end of the 20 th century and the beginning of the 21 st century, in 2005 the State Council put forward clearly for the first time "to promote the environmental public interest litigation". Since then, environmental public interest litigation both in theoretical research and in the specific social practice, have made significant progress. Under the background that environmental pollution occurred frequently, Environmental Courts and Tribunals has been set up successively in recent years among Guiyang, Wuxi, Kunming and Wuxi, in China. As of July 2014, according to incomplete statistics, the Law Research Institute, a total of 20 provinces(autonomous regions and municipalities) set up environmental resources tribunal, the collegial panel, the circuit court, a total of more than 150, said the environmental courts everywhere in my country, the world has more than half of the court of environmental protection in our country. As our nation’s environmental public interest litigation system has just been starting up, the implementer effect is still lagging behind than expected, environmental public interest litigation system after the ice breaking trip, the development process is relatively slow, in the field of judicial practice, Many environmental courts are facing have no case to trial, and lacking of impetus is one of the important manifestations, the power shortage in environmental public interest litigations has become the main problem in our country, in the face of various social aspects of the question, how to improve the dynamic mechanism of environmental public interest litigation is imminent. This paper first describes the specific concept of environmental public interest litigation and the meaning and characteristics of dynamic mechanism, then analyze the deep-seated reasons of causing aforementioned manifestation with current situation of environmental public interest litigation as basic point and will throw out suggestions in complementing the substantial law of environmental public interest litigation, setting up a systematic procedure mechanism of environmental public interest litigation, reforming the system setup of Environmental Courts and Tribunals and encouraging the public to participate, etc. Moreover, regarding improvements of basic theory as impelling force, taking the easing of judicial practice as hybrid power, considering the public participation as fundamental and perpetual impetus, thus, we can establish a systematic environment public litigation dynamic mechanism and expect to provide some help in solving the impetus-lacking problem.