| Following the rapid development of economy,ecological environment is deteriorating. With the improvement of living standards, people more and more pursuit the spirit of enjoyment to the natural ecological environment. In reality, there are many environmentalists.They are keen on environmental public welfare undertakings, and also have a strong appeal. If you do not give individual citizens of the plaintiff qualification, not only Condone the environmental violations,but also bad for the environment protection.At present, our country does not construct civil environmental public interest litigation system. Compared with foreign countries, legislation of environmental public interest litigation in China started relatively late, and the judicial practice is not mature, the relevant theoretical research is not perfect also, that serious impediment to the construction of civil environmental public interest litigation system.The civil environmental public interest litigation is refers to the individual citizens to safeguard the collective interests and the majority of people’s benefit and then bring a lawsuit. Many foreign countries have established a relatively complete system of civil environmental public interest litigation, especially the United States, there are some successful experience is worthy of reference for our country. In theory, the construction of civil environmental public interest litigation system conform to the theory of litigation right, the litigation trust doctrine and the public participation theory. To contact our national conditions, existing environmental public interest litigation provision of private citizens as the plaintiff, practice dilemma and the need of protecting the environment are all requires to construct the civil environmental public interest litigation system. Furthermore, the support of our current law and practice, the successful experience of foreign countries and the improvement of environmental awareness from all walks of life make building civil environmental public interest litigation system is feasible in our country. Therefore, in order to better protect the environment public interest, we must clear way to resolve the problem of civil environmental public interest litigation. Including the cognizance of the plaintiff, expand the scope of accepting cases, the setting of the prepositional procedure, reasonable set of limitation of actions, reasonable allocation of the burden of proof, clear the way for litigation costs borne, the establishment of environmental public interest lawyer system, the formulation of measures on the whole society support the civil environmental public interest litigation, and formulation of measures on preventing abuse complaint and other ways. |
