Analysis On The Optimization Path Of Environmental Public Interest Litigation System In China

Environment is the foundation of human survival and development,but with the development of the human society,ecological environment has been seriously damaged,environmental problems also began restricting effect on economic development.In recent years,ecological destruction and environmental pollution incidents,which indicates that China is currently facing severe environmental crisis,the environmental problem has become the national stable,one of the main problems of economic production and people’s life.Our tradition of environmental violations punishment mainly through the enforcement of environmental protection,but only by virtue of environmental law enforcement has been difficult to solve the environmental problems of the current complex.At the same time,the social supervision of punishment for environmental violations There also continues to highlight,but due to lack of law,coupled with the citizen’s participation ability is limited,China’s environmental protection is difficult to achieve the desired effect.In this case,the environmental public interest litigation system as a solution to environmental problems,environmental pollution control,promote institutional means of environmental protection,began to arouse great concern from domestic judicial and the academic circles.The environmental public interest litigation system first appeared in the United States and Europe,and more perfect development,this system in our country is to learn the successful experiences of foreign legislation,basis and combined with the practice of our country on the design,operation,the establishment of this system for environmental protection I China The solution of environmental disputes provides a way of legal remedies.Although since the beginning of the new century China’s great efforts in environmental legislation,the entity legislation promulgated a number of related environmental protection laws,but the contrast is that the procedure and the corresponding rights has failed to keep up with the process,this is also on China’s environmental protection constitute a huge obstacles.The domestic environment the protection is more dependent on the government’s administrative behavior,but in the current environmental administrative system in our country,the power rent-seeking,local protectionism,It is often seen.environmental administrative behavior vacancy phenomenon,these factors have led to China’s administration is difficult to have as big in environmental protection.And the domestic part of the local court in recent years in the environment The public interest litigation in the judicial practice has made arduous exploration,and achieved good social effect and legal effect,and constantly improve the environmental public interest litigation system,not only to make up for the current lack of legal means,administrative means of environmental protection,and is a powerful deterrent to offenders,and thus not only from a considerable extent to curb the ecological destruction and environmental pollution,but also promoted the civil law public interest litigation system in China’s overall progress.2012 revised "for the first time defined the public interest litigation system,the provisions of article fifty-fifth also breaks through the traditional litigant theory,opened China’s environmental public interest litigation Environmental public interest litigation plaintiff qualification of new chapter.2014 environmental protection law > fifty-eighth years April 24 th through the " section also gives part of folk organization.Although the relevant laws and regulations of environmental public interest litigation has been introduced,but the main environmental public interest litigation in our country is still more stringent restrictions,and the limitation of action,but also the lack of clear reference the provisions of burden of proof and so on,these problems will obviously increase China’s environmental public interest litigation practice implementation difficulty,which needs to be optimized to make further discussion on it.This paper is divided into four parts.The first part,introduction.This part mainly expounds the research background and significance of the research filed at home and abroad,discusses the main research achievements on environmental public interest litigation;the second part,the necessity of the optimization of China’s environmental public interest litigation system and feasibility analysis.This part is mainly on the analysis of the necessity of optimizing the environmental public interest litigation the system of our country,think to promote citizens to actively participate in environmental governance based on the optimization of environmental law enforcement system,better prevention of environmental problems,should accelerate the optimization of environment of China’s public welfare system and perfect,then the feasibility analysis of China’s environmental public interest litigation system optimization,and combined with the Environmental Protection Association v.Qingzhen City Land Bureau case,Jiangxi Jiangkou Reservoir pollution case in Guizhou lakes a Library Management Bureau v.environmental pollution case analysis case,this leads to the research center and the center of gravity;the third part,the current situation of the development of China’s environmental public interest litigation system and existing defects.This part elaborates on the environmental public interest litigation the system of China’s development situation of our country,and summarized its drawbacks,such as environmental rights related provisions are too vague,the plaintiff qualification of environmental public excessive restrictions on judicial intervention,improper administrative power;the fourth part,the optimization path of environmental public interest litigation system in our country.We should expand public interest litigation research Litigation plaintiff qualification,optimization procedure safeguard mechanism,the establishment of professional trial mechanism,optimize the environmental protection fund system,establish and perfect the public interest litigation in the circuit court,especially in the public interest litigation subject qualification problems,the title of the public interest litigation are discussed,that will be the most natural person into the public interest litigation of people the people’s Procuratorate,and should be defined as the main public interest litigation.Through a series of comprehensive measures to promote the environmental public interest litigation system in our country is more optimized,more conducive to the fight against environmental violations of public welfare,more help to promote the smooth development of China’s economy and society.