The Theory Of Civil Environmental Public Interest Litigation In The Civil Liability

On the environment construction of the rule of law,expand the plaintiff qualification I have been bound Ancient Chinese Literature Search filed public interest litigation discussed,but due to the revision of "environmental protection law" and "civil law",the plaintiff qualification has already made explicit regulations on the analysis of little significance,and scholars rarely study responsibility.Although the local judicial practice also has some exploration,the Supreme Court has formulated the corresponding judicial interpretation,but the definition of responsibility is still relatively vague,in practice there are many problems.To achieve the purpose of public interest litigation requires the implementation of the responsibility,so it is necessary to carry out in-depth study of the liability of environmental public interest litigation,which is of great practical significance.Environmental public interest litigation in the civil liability can be divided into four categories: the first category,preventive responsibility,including the cessation of the infringement,eliminate the obstruction and danger;second,recovery of liability,namely restitution;third,compensation liability,compensation for losses;fourth,recovery of the responsibility of personality way of apology.First of all,the overall grasp of environmental civil public interest litigation,mainly around the interests of environmental civil public interest litigation relief,its characteristics and the civil liability in the proceedings should be carried out in three areas.The definition of environmental right attribute in this also clear,analyses the subject of environmental right content multiplicity,multi levels and so on,the environmental civil litigation relief rights should be social environment public interests,social public interests will be further refined.Secondly,for the four types of responsibility are discussed on the specific preventive responsibility including the cessation of the infringement,eliminate the obstruction and eliminating the three forms of responsibility,combined with the case in the judicial practice to clarify the basic concepts of three kinds of forms,explains the principle and set the legal basis of preventive responsibility way,exist in the application of in the process of the problem is the lack of specific standards for the cessation of the infringement,the lack of appropriate injunction system,environmental risk prevention measures.Based on the above problems,it is suggested that the standard of environmental damage,the introduction of injunction system and environmental risk prevention measures should be made clear.On the restoration of responsibility,in order to restore responsibility for discussion,to bear responsibility for the damage should follow the basic principles,necessity and feasibility of setting up the responsibility mode of recovery.Applicable rules for environmental remediation responsibility analysis from five aspects,including the feasibility of environmental remediation;alternative restoration of restitution;restitution costs;specific standard recovery principles and environmental remediation methods,plan and goal,for the specific issues in the application of interpretation.About the damage liability,put forward the concept of compensation for the loss of definition and application in environmental civil public interest litigation,introduced in the application in the problem of compensation for damages,compensation for the loss of ownership is not clear,the scope and standard is not clear,and the suggestions for compensation for losses,including the establishment of specialized agencies,clear public welfare fund damage compensation scope and standards and the introduction of punitive compensation system.On the responsibility of personality restoration,the necessity of the application of the rules.In order to better protect the public interests of the ecological environment,we should perfect the corresponding legal norms,in environmental civil litigation cases,pay attention to its particularity different from the common tort law environment,introduce the corresponding environmental infringement standards,injunction system etc..In addition,in the course of the trial,the court should make full use of the principle of interest balance,to measure the environmental interests and economic interests,in order to better protect the realization of the purpose of litigation.Only by constantly improving the laws and regulations,and on the basis of the application to the judicial practice,in order to better determine the way of tort liability,safeguard social rule of law,to protect the ecological environment of the public interest.