A Study On Some Legal Issues In Environmental Public Interest Litigation

This paper analyzes the key issues involved in the environmental public interest litigation system from the four perspectives of the types of environmental public welfare damage,the principle of environmental liability damage,the scope of environmental public interest litigation plaintiff and the nature of environmental public interest litigation.On this basis,combined with China's current laws for environmental public interest litigation system,pointed out that China's environmental public interest litigation system may exist some problems,and initially put forward some relevant suggestions.The full text is divided into four parts and concluding remarks.The first chapter discusses the types of environmental charity damage behavior,divides the behavior of environmental public welfare damage into the behavior of legal discharge damage to the environment,the behavior of illegal sewage damage to the environment and the behavior of environmental damage that has not yet caused environmental damage.On this basis,the author analyzes the main responsibility of the different types of environmental charity behavior,and lay the foundation for the discussion of other problems in environmental public interest litigation.The second chapter studies the principle of responsibility for environmental liability damage,contrasting the notion of fault liability and the principle of no-fault rule,and analyzing the different standards applicable of the two.On the basis of combining with the characteristics of environmental public welfare,this paper puts forward that the principle of liability for environmental public welfare liability should be the principle of fault liability.The third chapter discusses the scope of the plaintiff in environmental public interest litigation.This chapter analyzes the phenomenon of excluding the citizen's individual from the scope of the environmental public interest litigation plaintiff and compares the advantages and disadvantages of the administrative organ and the procuratorial organ to bring the environmental public interest litigation.And authority puts forward the view that the citizens should be given the qualification of public interest litigation plaintiff.The fourth chapter discusses the nature of environmental public interest litigation.This chapter analyzes the current view that the environmental public interest litigation is divided into environmental civil public interest litigation and environmental administrative public interest litigation.It is believed that the nature of these two types of public interest litigation is the same and belongs to the judicial review of the administrative organs and The environmental public interest litigation should be the future direction of China's environmental environmental public interest litigation.