The Perfection Of Environmental Public Interest Litigation System In China

In recent years,the development of China's Environmental Public Interest Litigation System like a raging fire.The ENGO got the qualifications of the plaintiff from ? Civil Procedure Law ? that has been revised in 2012.Then People's Procuratorate got the qualifications of the plaintiff from ?Administrative Procedure Law ? that has been revised in June 2017.China's Environmental Public Interest Litigation System has been built up from that time.China's Environmental Public Interest Litigation System has three part—Environmental civil public interest litigation where the ENGO is plaintiff;Environmental civil public interest litigation where the People's Procuratorate is plaintiff;Environmental Administrative Public Interest Litigation where the People's Procuratorate is plaintiff.It seems that this choice is the general trend,but it makes many mistakes.The most important problem is that there is a fundamental conflict between Environmental Public Interest Litigation and Civil Procedure Law and Administrative Procedure Law.I am going to give reasons for the phenomenon of China on Environmental Public Interest Litigation System' choice: First,the It's more convenient and highly active to build Environmental Public Interest Litigation System within the ready-made frame of Litigation System than build a new Litigation System for transitional China as the ready-made system has built up for so long.Second,theremust be a independent Public Interest Litigation before Environmental Public Interest Litigation's independence from Civil Procedure Law and Administrative Procedure Law,as Environmental Public Interest Litigation is a part of Public Interest Litigation.Finally,building Environmental Public Interest Litigation System under the ready-made frame than build up a new one as environmental problems must be solved immediately.But,it's not the final selection,the conflictions cannot be modificated,So,it's necessary for us to discuss this problem in order to perfect the existing laws.This paper has three parts,Introduction,Main body and Epilogue.The Introduction introduced the background and significance of my study,and the documentary survey of existing study on Environmental Public Interest Litigation.The Main body has four chapters.Chapter 1 has three sections.Section 1 has defined the concept of Environmental Public Interest and Environmental Public Interest Litigation.Section 2introduced four theory sources of Public Interest Litigation,include The theory of Environmental Rights,The Trust theory,Private attorney general theory and the Private Enforcement doctrine.Section 3 introduced the features of Environmental Public Interest Litigation.Chapter 2 has 3 sections.Section 1 introduced the Environmental Public Interest Litigation System of China.Section 2 analysed the choice and malpractices of China's Environmental Public Interest Litigation System,and indicated that we have selected a modified route.Section 3 gave reasons to the path selection of China in Environmental Public Interest Litigation System.Chapter 3 has 3 sections.Section 1 introduced the reformative institutional arrangement.Section 2 and section 3 introduced conflictions between Environmental Public Interest Litigation and Civil Procedure Law and Administrative Procedure Law.from theory and practice.Chapter 4 has 6 sections which put suggestions to China's Environmental Public Interest Litigation System from Environmental Civil Public Interest Litigation's function,The development of Administrative incidental Civil Public Interest Litigation System,The development of the System of Civil Public Interest Litigationincidental to Criminal,Refine the rules of litigation,The Environmental Justice specialization,The independence of Environmental Public Interest Litigation System.I hope it will be beneficial to the development of our environmental public interest litigation system.