Research On The Litigation Risk Prevention System Of Plaintiff In Environmental Civil Public Interest Litigation

In recent years,as the economy continues to grow,the issue of the environment has drawn more and more attention from the society.The increasingly serious environmental problems have caused tremendous damage to the country and society,and the restrictions and punitive measures on the acts that destroy the natural environment have not been timely and imperfect also led to the further expansion of environmental issues,These problems highlight the imperfection of China's environmental protection system.This series of problems made the form of environmental protection increasingly urgent.In order to solve these problems,our country has also made a lot of efforts and attempts in environmental legislation and judicature.We have promulgated a series of laws and regulations,and various new types of systems have also carried out experiments in varying degrees.The revision and implementation of the "Environmental Protection Law" in 2014,the Civil Procedure Law and the Administrative Procedure Law in 2017 provide the legal basis for environmental public interest litigation and open up the way for those who comply with the law to bring environmental public interest litigation.However,the increasingly serious pollution of the environment and the endless stream of new types of environmental protection cases make the public interest litigants that are plaintiffs for environmental public interest litigation have a lot of difficulties in exercising this right of appeal.Insufficient funds,lack of authority,difficulties in obtaining evidence,and lack of legal aid all make environmental organizations bear huge litigation risks while conducting public interest litigation.In 2016,the case of “Toxic ground” in Changzhou caused widespread social concern,on May 16,2016,Changzhou Intermediate People's Court of Jiangsu Province accepted the case,Taking "Changzhou Municipal Government and Changzhou Xinbei District Government before the commencement of the litigation in this case that the contaminated land block to implement emergency response and is organizing the appropriate environmental remediation" as an excuse to dismiss the plaintiff's claim,the plaintiff will bear a huge amount of litigation costs.The overlap between social organizations bring environmental public interest litigation relief ecological damage function and the administrative supervisory authority administrative order relief ecological damage,but also brings huge litigation risk to the plaintiff's social organization.Therefore,the author chooses environmental plaintiff litigation risk such an angle,from the interests of public interest litigants and the public and the perspective of jurisprudence,based on the analysis of the status quo of environmental public interest litigation in China,studied of the "Civil Procedure Law" and “ Environmental Protection Law” of the People's Republic of China,carefully studied various types of environmental public interest litigation cases that occurred in our country in recent years,and then summed up the types of environmental litigation risk litigation.According to the sources of litigation risk,Risk aversion,post-litigation emergency strategy and summing up a sound litigation risk prevention system.In addition to the introduction and conclusion,this article is divided into four parts,The first part is mainly about the overview of environmental public interest litigation and its type,environmental public interest litigation plaintiff and plaintiff litigation risk.Through the definition of plaintiff litigation risk in environmental public interest litigation,this paper leads the author to understand and summarize the plaintiff litigation risk of environmental public interest litigation.Because environmental public interest litigation differs from ordinary civil litigation,its particularity also determines that there is a big difference between the litigation risk of its plaintiff and the general risk of civil litigation.By comparing the two,it is possible to define the risk of plaintiff more clearly during the environmental public interest litigation ligation.The second part is to analyze the current laws and regulations of our country.Through the study of the articles of law,we can found that under the current environmental public interest litigation system in China,what kind of lawsuit risks the plaintiffs will have and what systems can be improved,so as to reduce the plaintiff's litigation risk.The third part is through reference to some of the relevant system of environmental litigation in the United States.Combined with China's national conditions and China's environmental protection system,in order to apply some excellent ideas and methods in the U.S.system to China's environmental public interest litigation.So that China can carry out the localization of some excellent systems in the U.S.environmental public interest litigation.In the last part,I put forward my own research findings and suggestions on the litigation risk prevention mechanism of environmental litigation risk.Public interest litigants should not only set awareness on risk prevention but also adopt diversified environmental protection measures to make full use of the right to environmental protection in the hands of reducing risks so as to protect the natural environment to the maximum extent and realize their social responsibilities.