Study On The Efficiency Value Of Environmental Public Interest Litigation

This paper starts from the construction of the legal system of environmental public interest litigation,which is expected to maximize efficiency,and expounds and analyzes the low litigation ratio in environmental public interest litigation.The word efficiency is used as a legal value in law economics;Its literal meaning refers to the most efficient use of resources under conditions such as input and technology to meet the desired needs and desires.Environmental resources are the common resources of mankind,and improving the efficiency of environmental resources can benefit all mankind to the greatest extent.But in the existing "environment and resources protection law" and the prosecution system applicable to the environmental public interest litigation cases,no can largely improve the efficiency of environment and resources protection,and directly or indirectly caused the low ratio of environmental public interest litigation against this phenomenon.In order to protect the environment and resources,is the purpose of environmental litigation in the environmental lawsuit environmental litigation is in the process of the elements of the input of manpower,financial and material resources,both linked through the legal system.So the rules of the legal system of environmental public interest litigation will directly affect the lawsuit main body and the judicial organs and the participants in the proceedings in the case based on considerations of cost benefit factors of behavior model to make their own choices.This article through to the environmental public interest litigation,the judicial organs and other participants in the proceedings of the subject of litigation in the analysis of the economic factors and resource configuration in the judicial process,to the perspective of China's existing environmental public interest litigation system and the judicial organs and the participants in the proceedings of the subject of litigation in the lawsuit behavior,the impact of the expectations,according to our current legal,economic,and social status,to construct the environmental public interest litigation system makes rational outlook.In addition to the introduction,the article is composed of four parts.The introduction describes the low ratio of litigation of environmental public interest litigation and the current academic research status of environmental public interest litigation.The first part contrast posner efficiency by justice view difference,justice and the traditional definition of the meaning of the efficiency value of environmental public interest litigation system,introducedthe theory of posner,environmental public interest litigation if the implementation main body's legal system construction for the pursuit of efficiency value is consistent with the legal system of environmental justice,to a greater degree of implementation of the protection of the environment and resources.The second part from the perspective of economics in the environment public interest litigation suing the phenomenon and the cause of the low proportion of,come to the conclusion that the regulation of the legal system will directly affect the environmental public interest litigation,the judicial organs of the subject of litigation and other participants in the proceedings based on cost-benefit considerations made a decision of prosecution or not to prosecute,and behind this decision embodies the pursuit of efficiency value of the subject of litigation of public environmental welfare.Third part starting from the existing legal system of our country,reveals the current legal system of environmental public interest litigation for and judicial organs and the behavior of the participants in the proceedings of the subject of litigation mode will have what effect,to draw out the author's view that the current system of environmental public interest litigation is not conducive to the implementation of the subject of litigation pursuit of efficiency factors,and the appropriate foreign environmental public interest litigation beneficial experience for the quotes and using for reference.The fourth part from the goal of efficiency value tentative construction of environmental public interest litigation system put forward its own views,think can from cost,the scope of the subject of litigation,litigation time several aspects,such as to improve the shortage of the existing system.