Civil Litigation Or Public Interest ——The Character And Development Of Environmental Civil Public Interest Litigation

Environmental civil public interest litigation,setting for protect public interests in environment in the way of civil litigation,inherently involves the conflict between public and privacy and a severe challenge of keeping balance in the incompatible concepts.The character of environmental civil public interest litigation in existing law tends to be private litigation,deemed as civil litigation in procedure and based on tort claims in entity.However,civil litigation is only the tool and it is protecting environmental public interests that acts as its main purpose.Influenced by Instrumental Rationality,this misleading location covered up the essence,which caused the development of this litigation deviated from its goal.This seems like putting a square peg in a round hole,resulting in a bidirectional damage.In the system of environmental litigation,the difference between civil public litigation and civil private litigation became vague,which lead to the confusing judge.In the system of public protection,the new kind of litigation played the same role in function with environmental administration.Because of the lack of legal regulation,the judiciary power overstepped the authority of administrative power in environmental protection.This issue that legal arrangement ignored is related to not only the existence of environmental civil public litigation,but also a significant change in the traditional structure of power.In my opinion,in order to solve this problem,the first step is to improve the existing law in the limit of civil litigation.But eventually,it is necessary to make a independent public litigation law.So this article takes aim at clarify the foundation,setting out from public protection to correct the neglect in research and the misuse in practice.To establish a protection system for environmental public interests with organic unity and inner harmony,I will put forward several suggestions about the reality difficulty and the future direction.