Research On Plaintiff Incentive Mechanism Of Environmental Civil Public Interest Litigation

In recent years,there are frequent environmental pollution incidents in our country.Which have affected people’s daily lives seriously.Due to the limitation of the action of government administration,the civil environmental public interest litigation appears under the condition.At present,our country has promulgated several laws and juridical interpretations involved with the incentive mechanism of the civil environmental public interest litigation,and many issues such as the plaintiff qualification and the mechanism of registration have been thoroughly by a lot of researchers.The number of the cases of the civil environmental public interest litigation,however,is small in the juridical practice.What generates the phenomenon is that the public interest litigation owns the nonexcludability,which makes it different from the private interest litigation,and the nonexcludability can result in the appearance of the “free-riding” in people’s minds.To avoid the mind of “free-riding”,encourage more qualified plaintiffs taking litigation and to maintain the ecological environment of out country,the government must create the relevant incentives.Based on the research results of the incentive mechanism of the public interest litigation that civil litigation scholars and environmental law scholars have done in recent years,this paper will further put forward several measures,combined with our country’s present legislative and practice of the incentive mechanism,to perfect incentive mechanism in our country.This article is divided into four parts.The first part will carry on related theory analysis to the incentive mechanism of the civil environmental public interest litigation.Mainly to solve the problems of the concept,characteristic and necessity of the incentive mechanism.The incentive mechanism of the civil environmental public interest litigation refers to a kind of system which can enhance the motivation of some relevant civil subjects to take the public interest litigation,and the mechanism owns the following characteristics: the uniqueness of the incentive object,the breadth of distribution and the flexibility of the execute.The second part concretely analyses the incentive mechanism of the civil environmental public interest litigation in the USA and India.In order to solve the problem of shortage of relevant subjects involved in the enthusiasm,the USA established public welfare law firms,“losing party burden” and “fink won a reward” rules;India has set up the mechanism of “investigation”,“letter jurisdiction” and “executive supervision” mainly from simplifying the procedure,reducing the cost of litigation and improving the litigation effect.The third part mainly studies the incentive mechanism of the environmental public interest litigation in our current legislation and practice,and analyses the insufficiency of the incentive mechanism in China.At present,China’s promulgation of the “Interpretation of Several Issues Concerning the Application of Law in the Trial of the Civil Environmental Public Interest Litigation Cases in the Supreme People’s Court have been involved in the incentive mechanism of he civil environmental public interest litigation,but there are still many deficiencies,such as the halfway reduction of the litigation cost,the lack of the plaintiff reward mechanism,not yet fully establish fund system of the this litigation,and that implementation of this litigation needs to be strengthened.In the fourth part,the article will put forward its opinion about how to improve the existing incentive mechanism of the civil environmental public interest litigation and propose some incentive mechanisms of the civil environmental public interest litigation which are not yet available in China.