Research On The Optimization Of Environmental Civil Public Interest Litigation System In China

In recent years,the development of environmental public interest litigation in China is in full swing.The newly revised civil procedure law establishes the legal status of environmental civil public interest litigation filed by social organizations,and the revised administrative procedure law clarifies the environmental administrative public interest litigation filed by procuratorial organs.So far,China’s environmental public interest litigation is divided into civil public interest litigation and administrative public interest litigation,the general framework of environmental public interest litigation completed.From the perspective of the path of establishing the environmental public interest litigation system in China,it follows the tradition of dichotomy between civil and administrative,and establishes the environmental public interest litigation system under the dual framework system.The pre-litigation procedures in civil and administrative proceedings are not unified;The scope of plaintiff qualification in environmental public interest litigation is narrow,and the civil procedure law also stipulates higher conditions for social organizations,and citizens have not yet been included in the scope of plaintiff qualification.;The proportion of "acting as advocate and auxiliary" becomes the trend of litigation,and the procuratorial organs choose more environmental administrative public interest litigation between civil litigation and administrative litigation.Litigation costs are too high,many social organizations have to stop the pace of environmental protection;Compensatory liability is absent,and the remedy method needs to be adjusted urgently.In recent years,the concept of environmental judicial specialization is one of the highlights in the process of litigation reform.Vigorously promoting environmental justice is conducive to environmental protection.However,in judicial practice,it also faces difficulties in the litigation procedure and judicial rules.Based on the above judicial practice,the author will explore the optimization of environmental public interest litigation system.The content of this paper is mainly divided into three parts: introduction,body and conclusion.The introduction mainly introduces the research background and significance as well as the literature review of the current research status.The text is divided into four chapters.The first chapter consists of four sections,which respectively define the concept of environmental public interest litigation,introduce the theoretical background,and analyze the characteristics of environmental public interest litigation and the current mode of environmental public interest litigation in China.The second chapter is the author’s analysis of the dilemma of environmental public interest litigation in China.From the perspective of theory and practice,the author analyzes the non-uniformity of pre-litigation procedures,the narrow scope of the plaintiff’s qualification,the litigation situation of "acting as the advocate and the auxiliary",the excessive litigation costs and the lack of compensatory liability.In the third chapter,the author conducts a comparative study abroad,introducing American citizen’s lawsuit,Indian environmental public interest lawsuit,and German environmental group’s lawsuit against landowners,respectively,to extract Suggestions and inspirations for the improvement of environmental public interest litigation in China.In chapter four,the author explores the optimization of China’s environmental public interest litigation system,and proposes the establishment of pre-litigation procedures,the expansion of the plaintiff’s qualification,the improvement of the litigation incentive system,the refinement of the litigation expense reform rules,and the establishment and improvement of the punitive damages liability.