Study On The Practical Legislative Implication Of Environmental Public Interest Litigation In China

After the expression of promoting environmental public interest litigation in Decision of the State Council on strengthening environmental protection in the implementation of scientific development concept, the practice of environmental public interest litigation has experienced a decade in China. There were dozens of environmental public interest litigation cases which can be viewed as China Samples, reported by media including internet media.These samples are not only precious local resource, but also the practical basis for further involving of environmental public interest litigation regime. Chinese law circle should attach importance to China Samples and explore more useful resource for future designation of scientific regime. So this dissertation is on basis of China sample and with Interdisciplinary interpretation it sums up experience and put forward some suggestions.This dissertation is composed of the following parts:The brief introduction contains the study background, the summary of research results,the study purpose and the study object.The first part is a sample analysis of environmental public interest litigation in China.The cases in environmental public interest litigation practice reflect the trend of environment protection modes. With sample analysis we can Inductive current environmental public interest litigation characteristics as pollution behavior varies, Five Difficulties’ existence,limitation of defendant range, a lack of judicial rigidity & judicial activism. These characteristics indicate that the practice of environmental public interest litigation is on a difficult position and need to be solved by legislation.The second part is a multi-angle view of the sample of environmental public interest litigation in China. Environmental public interest litigation as a legal phenomenon, a social phenomenon, should be examined with multiple perspectives. System of law, law and political science, law and economics, sociology of law provide multi-angle view. With the theories in system jurisprudence, environmental public interest litigation is a confirmation of social facts by legislator; with the theories in politics of law, different parties take part in the competition for the right to speak and environmental public interest litigation system provides a good platform for this competition. With the theories of law and economics, some dilemma in environmental public interest litigation mainly due to high costs and low returns.Environmental public interest litigation reflects a principle of efficiency of resource allocation;with the theories of sociology of law, the spirit of public welfare, growth and decline of social forces will determine the direction of environmental public interest litigation system.The third part is the legislative implication of environmental public interest litigation in China. The legal practice in environmental public interest litigation provides empirical basis.This dissertation maintains the following points: we should eliminate the environmental public interest litigation system obstacle, expand the scope of the plaintiff, developing environmental protection NGO enterprise. we should seek further political and policy support,give full play to the role of prosecutors in the Environmental Public Interest Litigation; we should build incentives to recognize certain interest demands environmental NGOs, and reduce litigation costs, improve environmental NGOs litigation enthusiasm; public spirit should activate emphasize public interest environmental public interest litigation, while limiting the disposition right in environmental public interest litigation.