Research On The Mediation System Of Environmental Civil Public Interest Litigation

In recent years,environmental pollution such as the atmosphere,rivers and soils are facing severe conditions.The National Bureau of Statistics conducts statistics on the amount of environmental pollution investment in 2016.The data show that the total investment in environmental pollution control in China was 922 billion yuan,compared with 2001.Increased by 6.9 times.It can be seen that environmental pollution control has been highly valued by the state and has gradually formed a national consensus.As a favorable means of maintaining the public interest of the environment,environmental public interest litigation is also rising year by year.From January 2015 to the end of September 2018,a total of 2,041 public interest litigations involving the environment were accepted by the national courts,and 1,335 cases were concluded.The mediation system in environmental civil public interest litigation has become a useful attempt to solve environmental disputes because of its convenience,economy,and peaceful resolution of disputes,and it has gradually shown its unique value.At the legislative level,the newly revised Civil Procedure Law of 2012 first stipulated the environmental civil public interest litigation system.The 2015 Public Interest Litigation Interpretation affirmed the application of the mediation procedure in environmental civil public interest litigation.Under the premise of increasing legal supply,improving citizens' environmental awareness and improving judicial conditions,environmental public interest litigation has gradually been applied in judicial practice,and the number of cases has increased significantly.How to deal with and solve various problems in the mediation process still plagues the first-line trial and law enforcement personnel in judicial practice,such as the law is scattered and not specific,the degree of openness of the agreement is low,and the implementation of mediation is difficult to implement,so this article will use a part of the pen and ink.Briefly describe the specific content of environmental civil public interest litigation mediation,and then use two major blocks to discuss the application status of mediation mechanism to solve environmental civil public interest litigation disputes,analyze the problems or deficiencies in the theory and practice,and then the rules of procedure.Improve suggestions.as follows:The first chapter mainly introduces the legal basis of the environmental civil public interest litigation mediation system,from the theoretical foundation to the legal value base,and then draws the basis for the application of mediation.The public interest litigation has a long history.If it traces its roots,it first appeared in the Roman era,and later developed and expanded in some countries in the West,especially in the United States.It has been widely used in China for more than 20 years.Therefore,this chapter first clarifies the legal concept of public interest litigation,and then defines the definition of environmental public interest litigation.On this basis,from the concept and nature,it discusses the mediation system of environmental civil public interest litigation and the existence of court mediation in traditional private interest litigation.The difference.The second section focuses on how the applicable mediation process fits the trend of the times and reflects the value of law and the value of order.The third section introduces the debate on whether the mediation can be used by the legal scholars,and carries out the proof of the rationality of the applicable mediation,which is divided into three dimensions.The second chapter analyzes the status quo of the legal system and judicial practice,and finds out what problems have arisen when using the mediation mechanism to solve the environmental civil public interest litigation disputes,such as the lack of system level and the defects of practical operation.These problems have hindered the smooth advancement of the mediation system and need to be adjusted.The third chapter discusses the system perfection of the environmental civil public interest litigation mediation procedure in China,and establishes the complete procedure of mediation.From the scope of application of mediation to the initiation time and conditions of mediation,the mediation process is improved,including the clarification of the mediator legal relationship.The role played by the court,how the announcement system is sound,and how the supervision system is established will be carried out.The mediation system that conforms to the trend of diversified dispute resolution can play a greater role in environmental civil public interest litigation.