On The Rural Environmental Public Interest Litigation System Filed By The Villagers' Committee

In the current judicial practice in China,the characterization of environmental public interest litigation by village committees is relatively vague.Although the plaintiff 's litigation qualification is recognized,it lacks sufficient legal basis.The Civil Procedure Law of the People 's Republic of China(hereinafter referred to as the “Civil Procedure Law”)and the “Environmental Protection Law of the People 's Republic of China”(hereinafter referred to as the “Environmental Protection Law”)establish the qualifications of the plaintiffs in environmental civil public interest litigation.Article 55 of the Civil Procedure Law defines plaintiffs in environmental civil public interest litigation as “organs and related organizations prescribed by law”.In 2017,the Civil Procedure Law was amended,and the procuratorial organ was also included in the main body qualified to file environmental public interest litigation.However,our country's laws do not stipulate that the village committee is qualified to initiate environmental public interest litigation.As for the content of relevant systems,the existing laws and regulations in China have problems of strong principle and weak specific operability.China's environmental public interest litigation system is not yet mature and perfect,and rural environmental public interest litigation is at an exploratory stage.Therefore,theoretical research and academic discussions will play an important role in improving the system.Although there is a certain gap in the number of cases related to village environmental lawsuits filed by the village committee on the Judgment Document Network compared with other public interest litigation cases,the reason for this phenomenon is not the small number of rural environmental pollution phenomena,but the rural environmental public welfare The effectiveness of the litigation system has not been fully exerted.Because of this,it is of great significance for the village committee to discuss the content of the rural environmental litigation system.At present,the definition of environmental public interest litigation and rural environmental public interest litigation in law circles does not include village committees as the main body of prosecution.When studying the prosecution body of environmental public interest litigation,the focus is on discussing individual citizens.The trial judge in Chen Shuying 's environmental pollution liability disputes recognized the village committee as the representative of the villagers,rather than the plaintiff who recognized the village committee as an environmental public interest litigation.Judges in other similar cases also held the same view,which reflects the rural environment Confusion and contradictions in public interest litigation.Therefore,it is necessary to determine the plaintiff 's position in the rural environmental public interest litigation in the legislation.At the comparative level of judicial practice between China and foreign countries,due to the differences in institutional mechanisms,China's rural environmental public interest litigation and foreign environmental public interest litigation cannot be regarded equally.However,foreign environmental public interest litigation theories,such as public trust theory and judicial practice experience in other countries,are worthy of reference for China.From the perspective of jurisprudence,the rural environmental public interest litigation system is improved by combining China 's rural specific practice and relevant legal framework,and the analysis of rural environmental public welfare Improvement of litigation system.Combined with the outstanding status of rural environmental issues,it should be clear that the village committee has the necessity,legitimacy and feasibility of filing a rural environmental public interest litigation.Through the study of the specific connotation of the rural environmental public interest litigation system,including the scope of the case,the type of litigation and the way of responsibility,it puts forward suggestions on the problems of the rural environmental public interest litigation system.Legislatively confirm the qualifications of village committees to participate in public interest litigation in the rural environment,determine the scope of public interest to clarify the scope of the case,and explore the application of responsibility to solve the problem of excessive emphasis on compensation in judicial judgment.Using actual cases as the starting point to lead out problems,introduce the specific content of the system and the way to improve,in order to achieve the organic unity of legal provisions and practical effects.