Study On Environmental Civil Public Interest Litigation In China

The reports of the 19 th National Congress of the Communist Party of China put forward that we should build an environmental governance guided by the government,enterprises as the main body,with social organizations and the public.With the emergence of the global environmental problems,China has put forward the view of sustainable development and the Five-Pronged Overall Plan,and for our legal person also made the requirement of environmental management legalization.With the progress of the times,the social development and the environmental rights increasingly permeating life,the exploration of the system of environmental civil public interest litigation is also increasingly urgent.We have successively amended the civil procedure law and the environmental protection law,and endowed the relevant organs and organizations with the right to bring public interest litigation.After the pilot program is introduced to the whole country,it is necessary to bring public interest litigation to the procuratorial organ after the pre-litigation procedure.And give the government the right to claim compensation for ecological damage.The introduction of relevant judicial interpretations to stipulate jurisdiction,case trial,mediation and so on,and towards the direction of continuous improvement of the environmental civil public interest litigation system.On the basis of the typical cases of civil public interest litigation collected from the China Judgements Online and the Judicial Case Academy of the Supreme People's Court,this article analyzes the development trend of the environmental civil public interest litigation,the new situation in the trial,and puts forward some relevant suggestions.This article is divided into three chapters.The first chapter is an overview of the concept and characteristics of environmental public interest litigation,and the necessity of establishing the system of environmental civil public interest litigation.The second chapter is the current situation and existing problems of environmental civil public interest litigation system in China.First,it introduces the construction of environmental civil public interest litigation system in China,from the civil procedure law,the environmental protection law,the relevant judicial interpretations and other provisions.From the environmental pollution types of the environmental civil public interest litigation,the qualification of the plaintiff,the litigation request,the result of the trial and the source of the evidence,five aspects are introduced.In the face of the situation of judicial practice,we found the characteristics of civil public interest litigation in our country,the number of cases increased obviously,the subject of prosecution was diversified,the support rate of litigation request was high,the mediation became normal,the system of supporting prosecution raised the rate of winning the case,and the first "act preservation order" to prohibit pollution;But at the same time,There are also some problems,in the environmental civil public interest litigation of the plaintiff's main qualification,litigation costs,evidence rules,professional jury system,act preservation,the use and supervision of the ecological environment damage compensation.The third chapter is the improvement proposal,hoping to explore the case to form a repeated practice of institutional norms.In order to help the development of environmental civil public interest litigation in China,the corresponding suggestions are put forward from six aspects: the plaintiff's main qualification system,the litigation cost,the evidence rule,the professional jury system,the act preservation,the use and supervision of the compensation for the damage of the ecological environment.