Research On Synergy Mechanism Of Environmental Public Interest Litigation Carried Out By Social Organizations

Public Interest Litigation is originated from ancient Rome,which refers to the litigation brought by public officials and citizens to safeguard the overall interests of society.After entering the Industrial Society,with the emergence of environmental problems,public interest litigation has been introduced into the field of environmental protection,and become important means and tool to protect environmental public interests.In 2013,the civil procedure law was revised,and the environmental public interest litigation carried out by social organizations was officially confirmed by law in China.However,in practice,there are some problems in social organizations' willingness and ability to carry out environmental public interest litigation,which make the implementation effect of this system greatly reduced.In detail,one of the important reasons for this problem is the lack of cooperation among the participants in the litigation.It is a multi-body and multi-link activity for social organizations to carry out environmental public interest litigation,which requires multi-agent cooperation in design,so as to fully mobilize various social resources to improve the efficiency of litigation.However,due to the lack of understanding of each subject's role in environmental public interest litigation,it is difficult for social organizations to form effective litigation cooperation with other related subjects in practice.Therefore,it is very important to build a set of synergy mechanism which can effectively connect all participants.Based on the domination principle and self-organization principle,synergetic theory provides a feasible scheme for the study of how to realize the complex system from disorder to order.Through the analysis,the author believes that social organizations can form a litigation community including social organizations,procuratorial organs,administrative organs,experts and professors,lawyers and other subjects in the environmental public interest litigation activities.The litigation community is a complex and open system,which can normally establish a self-organization structure,and the subsystems are independent and closely cooperate with each other,so it can be fully applied to the synergetic theory.Referring to the principle of integrated circuit,this paper constructs a framework of synergy mechanism suitable for social organizations to carry out environmental public interest litigation from four aspects: synergetic platform,power mechanism,operation mechanism and security mechanism.Specifically to the construction of synergy mechanism,this paper first selects the degree of repair of damaged environment as the order parameter to measure the degree of synergetic order,which can be used as a reference to adjust the synergy mechanism flexibly.Secondly,starting from the practical dilemma of social organizations to carry out environmental public interest litigation,this paper builds a complete litigation synergetic platform around personnel training,financial support,support for prosecution and action coordination.Then,taking the three litigation processes(the discovery of clues,the transfer of litigation,the supervise and urge execution)as the connecting nodes,the paper elaborates the operation of the synergy mechanism in detail.In addition,using the theory of two factors,the paper constructs a mechanism of synergy motive force to mobilize the initiative of the participants,so as to ensure the realization of the goal of synergy.Finally,in order to ensure the smooth operation of the synergy mechanism,this paper also expounds the construction of the synergy mechanism from personnel?funds?system and so on.By using this synergy mechanism,all participants can further strengthen litigation cooperation,reduce litigation obstacles of social organizations,enhance the litigation ability of social organizations,and finally achieve the goal of environmental public interest litigation.