A Study On The System Of The Villagers’ Committee As The Plaintiff Subject Of Environmental Civil Public Interest Litigation

The report to the 19 th National Congress of the CPC pointed out: " Adhere to the harmonious coexistence between man and nature.The construction of ecological civilization is a thousand-year plan for the sustainable development of the Chinese nation" and " treat the ecological environment like life,coordinate the systematic governance of mountains,rivers,forests,farmland,lakes and grass,and implement the strictest ecological and environmental protection system." In today’s new historical period of comprehensively deepening the rule of law,consensus has been reached in the whole society by relying on the rule of law and system to protect the ecological environment.As a big population country,the contradiction between environmental protection and population growth is prominent,and the "public tragedy" is prominent.In the process of the rule of law,China has continuously promoted the development process of public interest litigation.On August 31,2012,the 28 th meeting of the Standing Committee of the 11 th National People’s Congress voted on the decision on amending the Civil Procedure Law of the People’ s Republic of China,and the revised Civil Procedure Law came into effect on January1,2013.The revised Civil Procedure Law adds relevant provisions on public interest litigation,clarifying the subjects of the plaintiffs who filed public interest litigation: "The organs and relevant organizations stipulated by law can bring lawsuits to the people’s courts that damage the environment and infringe on the legitimate rights and interests of many consumers." The addition of this law marks the breakthrough development of the public interest litigation system in China.On June 27,2017,the 28 th meeting of the Standing Committee of the 12 th National People ’s Congress voted through the decision on amending the Civil Procedure Law and the Administrative Procedure Law,and the People’s Procuratorate,as the plaintiff body of the civil public interest litigation,was clearly written into these two laws.This marks the formal establishment of the public interest litigation filed by the People ’s Procuratorate in the form of legislation in China,and the formal formation system of the People’ s Procuratorate as the plaintiff main body of civil public interest litigation.According to statistics from the seventh National Census,China’s population living in rural areas is 509.79 million people,accounting for 36.11%.The number of people living in rural areas is still huge.According to the report of the 19 th National Congress of the CPC,it is a major proposition of the current reform.The environmental problems in the vast rural areas are a part of the rural revitalization strategy that cannot be ignored.There are institutional defects in the public interest litigation system for the rural environment.By reading the relevant articles and the comparative analysis of the outside domain system,through analysis,combining with the actual national conditions,the villagers committee as the main system of environmental civil public interest litigation,clear the villagers committee as the main body of public interest litigation,enhance the operability of judicial practice,make the rural environmental civil public interest litigation can be applicable and provide strong support for environmental protection.