Research On The Announcement System Of Environmental Civil Public Interest Litigation Conciliation Agreement

The current Law on Environmental Protection,Law of Civil Procedure and the judicial interpretation etc.have clearly applied the conciliation system to the environmental civil public welfare lawsuits.In the private interest litigation,the realization of conciliation agreement between the parties is based on the principle of autonomy of will;Correspondingly the court respects the conciliation agreement to be reached by parties based on the autonomy of will,and the court shall keep confidential to its content.Therefore,the conciliation system for the private interest litigation shall comply with the principle of conciliation is not open,and the exception is open.However,the environmental civil public welfare lawsuits are related to the public interest of ecological environment,and the subject for enjoying the right of disposition to the environmental public interest is the uncertain public.The prosecutor shall only have the right of disposition on the procedural meaning without completely enjoying the right of disposition on the substantive meaning.In addition,according to the regulations in the Law on Environmental Protection in our country,the public shall enjoy the rights such as the right to be informed of the environmental information,the right to participate etc.The prosecutor shall exercise the right of disposition on behalf of the public based on not damaging the environmental public interest.It is unable to follow the principle of non-disclosure of conciliation in the private interest litigation.It is required to fully disclose the content of conciliation agreement reached between parties to the public and allow the public to raise the disputes.Through enabling the public to participate in the conciliation process of this system,the substantive disposition right is handed over to the public so as to ensure the right of disposition for the public to the environmental public interest and exercise their own right to be informed and right of supervision.The Judicial Interpretation on Environmental Civil Public Interest Litigation issued by the Supreme People’s Court regulates that after realization reach the conciliation agreement of environmental civil public interest litigation and prior to issuing the conciliation statement,it is required to make an announcement of the conciliation agreement to the public.Through the theoretical analysis such as the characteristics for conciliation agreement announcement of environmental civil public interest litigation,the principle of public participation in the environmental protection law,the limitations of conciliating the disposition right of partiesand the necessity of announcement system,the announcement system guarantees the right to be informed and the right of supervision for the public,mediates the difficult situation that the parties do not have the right of disposition to the environmental civil public interest,prevents the misuse of public power,complements the hysteresis quality of prosecutorial supervision etc.This paper combines the empirical research for the specific cases in the judicial basis and practice.This provision shall only have the oath without having the operability.In practice,the main performance is the manner of announcement is simple,and there is a phenomenon that the manners of announcement in the practice of each local counts are different.There is a portion of counts only making an announcement at their own portal websites,a portion of courts making an announcement at their own portal websites and the local newspaper media etc.The inconsistent manners of announcement cause the inconsistency of public scope to be informed,which affects the exertion of announcement effects;Moreover,the content of announcement is inconsistent.A portion of trial courts only make an announcement of conciliation agreement and a portion of counts make an announcement of indictment and conciliation agreement.It is unable to enable the public to know whether the conciliation agreement can effectively ensure the environmental repair or whether it violate the public interest by only making an announcement of the conciliation agreement.Therefore,unifying the content of announcement can effectively guarantee the right to be informed for the public.Finally,the opposition procedure of announcement period is missing.During the current judicial practice,it is difficult to seek the relevant oppositions of announcement period,which causes the announcement effects to be difficult to exert.Therefore,the effects of improving the opposition procedure of announcement period rely on effectively guaranteeing the environmental participation right for the citizens.This paper proposes the improvement suggestions to the conciliation agreement announcement system of environmental civil public interest litigation.First of all,specify the relevant legal regulations to enable the announcement system to have the operability.Secondly,based on the current manners of announcement,expand the manners of announcement.And then clarify the substantiation of announcement content;Finally,improve the opposition procedure of announcement period and clarify the opposition subject,opposition procedure,supervision procedure of court to the opposition connected with this system,and the remedial procedure of opponent so as to guarantee that the opposition subjectcan effectively exert the right of opposition,and improve the environmental civil public interest litigation system.