The Perfection Of Environmental Public Interest Litigation System In China

In recent years, the growing number of environmental problems continue to bring infringement to the state and public interests.The increased environmental damages and pollution has exposed the protection of the infringement. Faced with the situation, China’s legislative and judicial environment has also continued to make efforts, including the introduction of many laws, regulations and implementing regulations.Some sections set up the environmental courts. Environmental Public Interest Litigation has made maintained environmental public interest as the main purpose.The system alleviates the current severe environmental crisis, prevent the occurrence of environmental damages. After years of development, environmental public interest litigation system has become normal. The system is an especial system that appeal the public to participate in environmental activities. And the system make up for the shortcomings of environmental enforcement system, led to the improvement of environmental public interest litigation and promote China’s progress in environmental law career. Until the new<Environmental Protection Law> has introduced,the main scope of environmental public interest litigation is not clear.In judicial practice, environmental charity organization, the environmental protection department and individual citizens have been involved in environmental tort cases.These subjects standpoint of environmental and social public interests and protect the environment interests. Due to its technical expertise, public and features plenty oftalent pool and other advantages, environmental organizations dominant in the program of the environmental public interest litigation. The executive is on behalf of the national interest, has a deterrent effect to environmental pollution. Prosecution has been considered as a national legal supervisory authority, so it could be able to constrain the behavior of members. Prosecution supports the prosecution and trial,plays a great role in promoting public interest litigation.Individual citizens have been considered as single member of society, although they are weak to resist strong polluting enterprises, private citizens in public interest litigation also play a great role.With the implementation of new<Environmental Protection Law>, the new law has made environmental organizations the legal status, which provide a legal guarantee to environmental organizations. However, during the past one year the environmental interest litigation cases are not much as far as I am considered. In contrast the rate of prosecution is very low. <Environmental Protection Law>has given environmental organizations plaintiff qualification, our environmental groups have to overcome their shortcomings.The subject of proceedings in environmental public interest litigation should be continuous improved in future. We should improve the public interest litigation system,promote the development of environmental public welfare. Protecting environment can not just rely on the gorvenment,or rely on environment public interest litigation.The society organizations should play a great role in the law enforcement, strengthen public opinion and expand the public playing an active role in environmental public interest litigations. The paper has divided into four parts, I will analyze the judicial practice in China, analyze variety of social organizations participating in the environment proceeding and discuss their status of proceedings.The first chapter, I will analyze the theory of state organs,social individuals,social organs.Such as the theory of the right for appeal and the “Attorney General Theory”. In order to broaden the scope of the subject of environmental public interest litigation, I will analyze the theory basis for environmental public interest litigation.The second chapter, I will analyze the introduction of legislation and current situation of environmental interest litigation of our country. I will conmpare the environmental public interest litigation subjects.And the time is before and after the production of environmental law.Before the new law has been changed, theenvironmental organization, prosecutors, citizens have filed environmental interest litigation practice. The new law had modified that the environmental protection organization could be considered as a subject to participate in litigation, but it faces various difficulties.The third chapter is analyzed for different types of subject of proceedings in environmental public interest litigation. I will introduce the pratice of the environmental protection organizations, procuratorial organs, the administrative department and the social individuals. I will analyze the fesibility of environmental organizations, prosecutors, environmental protection departments, the authorities and individual citizens that they participate in environmental public interest litigation.The fourth chapter mainly aims at the current situation of our country’s environmental public interest litigation, the subjects of our country is too single. We should establish a system which contain diversities elements, such as the main part is environmental protection organizations, the supplement element is the procuratorial organs and the environmental protection department. At the same time, the public had to play a great role of in the environmental propection. We should continue to consider environmental organizations as the leading part. Prosecutors play its role in supporting the prosecution. Representatives of the executive authorities are on behalf state power. In addition, we must establish the environmental damage assessment mechanism, improve the burden of proof allocation, and combine law enforcement an judicial.