Research On Environmental Civil Public Welfare Litigation Expenses In China

Since January 1,2013,China began to implement the new "civil procedure",Environmental Public Interest Litigation has been included in Article 55 of the law,which means that Environmental Public Interest Litigation began to move from theory to practice.Although the law has made a substantial step to the Environmental Public Interest Litigation,there are still many obstacles in the specific judicial practice,especially in the charge of fees,it still adapts to the relevant provisions of the charge of private interest litigation.The Environmental Civil Public Welfare Litigation has the corresponding law to regulate,but it has no concrete supporting mechanism in the aspect of litigation cost collection,but follows the "litigation cost payment method" which has the private benefit nature;In addition to this,there are high fees for expert testimony,investigation and legal fees.Any of these fees will most likely make the social groups as plaintiffs unable to afford it.Social Groups are the main force of Environmental Civil Public Interest Litigation,once the negative attitude,will be detrimental to China’s environmental protection work.This is not the original intention of the construction of ecological civilization in our country,nor will it be the original intention of legislation.At present,the scholars of Environmental Civil Public Interest Litigation in China mainly study the principle of litigation cost sharing and the transfer of litigation cost.However,in addition to the above two pieces of content,this paper also intends to study the payment principles,payment scope,payment methods and supporting mechanisms of Environmental Civil Public Interest Litigation costs,from the macroscopic angle,this paper analyzes the pressure of the plaintiff in the Environmental Civil Public Welfare lawsuit on the lawsuit expense,and probes into the reasonable supporting mechanism of this kind of lawsuit.This article will combine the corresponding case to carry on the discussion research,and promotes the "Guizhou Model" which takes the court as the main body to provide the expert resources directly to the Environmental Civil Public Welfare lawsuit case,from the root relieves a large amount of economic pressure for the plaintiff,it is hoped that it can contribute to the benign development of Civil Environmental Public Interest Litigation.Therefore,this paper will discuss the cost of Environmental Civil Public Interest Litigation,discuss its current situation and the rationality of the existence,at the same time,combined with foreign experience,put forward their own views and suggestions.