The Dilemma Of My Country’s Environmental Civil Public Interest Litigation And Its Countermeasures

In today’s rapid economic development,people’s economic development concepts have been changed.The development model of blindly pursuing economic development and ignoring environmental protection has been abandoned.People are increasingly aware that a good ecological environment is the greatest wealth.After the Fourth Plenary Session of the Seventeenth Central Committee,the construction of an ecological civilization was included in the strategic development tasks by the party and the state.And from the legislative level,the task of ecological civilization construction was initiated.The "Amendment to the Constitution of the People’s Republic of China" adopted at the first meeting of the 13th National People’s Congress formally incorporated "ecological civilization" into the Constitution.A series of laws such as the "Procedure Law" and "Environmental Protection Law" also systematically ensure the implementation of the environmental civil public interest litigation system.The improvement of the system always requires a gradual process,and my country’s environmental civil public interest litigation system is no different.Judging from the results of the existing case hearings,the system still needs to be improved in terms of legislation The Civil Procedure Law determines the subject of environmental civil public interest litigation,but there are no citizens,and the prosecution subject specified in it——The provisions of the Civil Procedure Law of social organizations,administrative organs and procuratorial organs are also inconsistent with practical needs.The limitation of the prosecution qualification of social organizations is too strict,and the prosecution procedures of administrative agencies lack detailed regulations.The hearing of environmental cases is similar to the hearing of intellectual property cases,and a special court needs to be established to be heard by a special environmental judge.Compared with traditional litigation,environmental litigation has the particularity of not being restricted by regions Therefore,the traditional court setting does not meet the needs of environmental cases.The newly established environmental court also has many areas that need to be improved,such as the lack of trial-level settings and judicial personnel.Insufficient professionalism.The implementation of environmental civil public interest litigation needs to consider the issues of execution supervision and sustainable execution,and balance sustainable economic development and environmental damage relief.The outbreak of environmental problems in Western countries predates my country,so Western countries have rich experience in environmental cases.Learning from overseas experience is meaningful for the improvement of my country’s environmental civil public interest litigation system.The American citizen’s environmental litigation system is complementary to China’s environmental civil public interest litigation system;the German group litigation has many similarities with the environmental civil public interest litigation filed by Chinese social organizations;India and China are both Asian countries and have large populations In terms of quantity,India’s National Green Court Law has many merits in the specialization of refereeing bodies and the specialization of judges.Obviously,we can’t directly apply the overseas system,but we can learn from the highlights and put forward effective suggestions for the improvement of China’s environmental civil public interest litigation:First,improve the environment on legislation Provisions for the prosecution of civil public interest litigation;second,establish a cross-regional trial institution that meets the needs of environmental cases,and the trial personnel also need to be professionally synchronized;third,the implementation of environmental cases in the supervision of other subjects,including Various damage relief methods including compensation and fines.