Study On Claims Of The Third Party Supervision Mechanism During The Implementation Of The Environmental Civil Case In Our Country

Face the enforcement difficult of environmental civil case, Guiyang qingzhen court borrows the ENGO to the executable program through the way of monitoring protocol, to help the court to supervise the person subjected to execution to perform the process of binding legal documents and to promote it overall the performance of the obligations. The third party supervision mechanism has successful cases in the judicial practice, but as a new system, many problems still exist in the operation. The paper will be divided into three parts to discuss the third party supervision mechanism :The first part, the mechanism are summarized. The concept of the mechanism and characteristics are introduced;The mechanism of function is to broaden the way of public participation 、 practice the concept of judicial activism 、 promote environmental civil execution;The mechanism of operation has a legal basis and successful cases.The second part, the main problems in the mechanism are summarized. The start condition is not reasonable、the selected main body is not scientific、lack of theoretical analysis to supervision agreement and legal relationship 、the court’s handling of the person subjected to execution performance mechanism is imperfect.The third part, aiming the existing problem of the mechanism, I put forward own solution. First of all,we should determine the starting procedure by incorporating environmental private interest litigation、delete "decision" and limit reasonable determination of the court reasonably;Secondly, we must rich selected ways, determine selected standards and clear the selected program to select supervision subject;In addition,to improve theoretical analysis in relation to third party supervision mechanism, we need to set environmental protection commissioned supervision agreement, to determine the agreement is the only protocol type adopting third party supervision mechanism and clear the legal relationship of types and elements of the third party supervision mechanism; Finally, we ought to improve the court’s handling mechanism to ensure effective legal document fulfilled and safeguard social public interests,in addition, the third party supervision mechanism of the whole operation process is explained.