Research On Rural Environmental Protection Based On Public Interest Litigation

Rural area of China is facing a variety of pollution sources presently,such as urban and industrial pollution,rural household garbage pollution and agricultural production pollution.Every year a large number of sewage waste water is discharged to the rural areas where the river flows through,city life garbage to rural areas stacked into place “garbage mountain”,and this kind of phenomenon has almost all over the provinces in our country,the management difficulty is self-evident.For the rural environmental protection work,strengthening the environmental public interest litigation can make up for the information asymmetry of administrative management means,and the rural environmental public interest litigation has unique value.Development of agriculture and rural areas have ecological value function,is that this is the natural power of agriculture and rural areas exists,it provides a natural rural environmental public interest litigation rights granted the legitimacy foundation,on the other hand,the law gives legitimacy basis is provided for citizens’ environmental right,can enrich contents of farmers’ environment right theory so as to promote institutional progress.From the perspective of environmental public interest litigation,this paper studies the current situation,predicament and improvement strategies of rural environmental protection in China at the present stage.Based on the academic logic of "analyzing the current situation--finding problems--solving problems",the following results have been obtained:1.Environmental public interest litigation has certain positive effects on the protection of rural environment,but overall,it is still not good enough.At the legislative level,some public interest litigation systems fail to absorb the actual situation in rural areas,resulting in practical operability in rural areas.In the practice of the environmental public interest litigation law,the case has increased the number and type,but through an empiricalinvestigation of the current rural obvious disadvantages on environmental public interest litigation system,the current occurred in a number of cases shows that by the procuratorial organ or environmental groups of environmental public interest litigation is always has a certain lag,pollution behavior has caused serious consequences when to stop.At the level of awareness of environmental public interest litigation,young and middle-aged groups have some understanding of environmental public interest litigation,and generally support the development of environmental public interest litigation system,hoping to expand the scope of environmental public interest litigation subjects.2.Throughout China’s rural environmental public interest litigation legislation and system running situation,through to the empirical investigation of typical cases,can be summed up the current rural environmental public interest litigation legal services in the plight of four prominent performance: first,the environmental protection power imbalance between urban and rural areas,the environmental legislation and environmental groups and the imbalance of resource distribution situation,the existing legislation and environmental resources are shown to the city of tilt;Second,the organization service dilemma of the plaintiff’s subject qualification.The current legislation does not recognize the citizen’s right of environmental public interest litigation.As the first perceifier of rural environmental pollution,the lack of the farmer’s subject qualification is not conducive to the realization of the principle of public participation.Third,the cost of litigation is high.Environmental public interest litigation is filed according to civil cases,but the amount of target involved in public interest litigation cases is relatively large,which requires high litigation costs.Fourth,the lack of a normal linkage mechanism,there is no unified public interest litigation linkage system,it is difficult to gather environmental forces.3.Perfect our country rural environmental public interest litigation legal services strategy Suggestions,face all the difficulties in our country is becoming impede the healthy sustainable development of the environmental public interest litigation,perfect system of environmental public interest litigation in the developed countries started early,can draw lessons from foreign advanced experience to a certain extent,and then to construct rural situation in China localization.But in system design and organization of services not in parallel with the city a mechanism,in the process of development in the future to try fromthe following four aspects to improve: first,adjust the legislative tendency and environmental groups force distribution,the legislation must consider the differences between rural and urban,formulate operable foundation of legal norms in the rural areas,environmental groups to rural residents view;Second,expand the subject of plaintiff qualification,standardize the exercise of rights,and consider including farmers and grass-roots organizations into the subject of environmental public interest litigation to mobilize their enthusiasm.Third,improve the supporting operation mechanism of public interest litigation,and make special institutional arrangements for litigation costs,legal aid and investigation and evidence collection.Fourth,we need to establish a mechanism for the joint participation of all parties in litigation,and establish a regular mechanism of contact between procuratorial organs,environmental protection administrative departments,non-governmental environmental protection organizations,villagers’ committees and farmers.