Research On Mediation System Of Environmental Civil Public Interest Litigation

In recent years,China’s rapid economic development,people’s material living standards continue to improve,but at the same time,serious environmental pollution problems are gradually exposed,accompanied by the increasing number of cases involving environmental pollution.As environmental pollution cases not only damage the personal interests of citizens,but also damage the public interests of society,all sectors of society also show unprecedented concern for environmental problems.After the occurrence of such cases,After such cases occur,how to resolve disputes and restore the ecological environment has become an important issue that needs.In order to provide timely and effective judicial remedies for environmental public interests,China formally established a public interest litigation system in the revised "Civil Procedure Law" in 2012,and stipulated that the mediation system should be applied to public interest litigation in the interpretation of the Supreme People’s Court in.The court applied the Civil Procedure Law in 2015,aiming to provide a variety of ways to resolve environmental disputes.However,due to the particularity of environmental civil public interest litigation,on the one hand,its purpose is to safeguard the environmental public interest;on the other hand,the plaintiff often has no direct interest in the dispute case,which breaks through the theory of directly related person in traditional civil litigation.Therefore,there is still much controversy over the justification of the application of mediation system in environmental civil public interest litigation.In addition,due to the late start of China’s environmental civil public interest litigation,the mediation system of public interest litigation was formally established in 2015,many relevant legal provisions are not perfect,and the time of mediation start and the scope of mediation are not clear;the provisions of the mediation agreement public notice system are also relatively general,leading to the practice of different places is not unified,lack of public opinion In terms of the implementation of the mediation,there is no supporting supervision mechanism to ensure the actual effect of mediation.The above problems lead to the mediation system of environmental civil public interest litigation can not play its due role.In fact,mediation can be applied to environmental civil public interest litigation for three reasons: first,the application of mediation is to strengthen the communication between the parties and find the best solution,which is in line with the purpose of environmental civil public interest litigation;second,the theory of directly related person has gradually been unable to adapt to the development of the times,and the procedural law itself has independent value,which can make up for the lack of substantive law In environmental civil public interest litigation,the plaintiff’s right of action is a complete right of action including mediation;third,the mediation system of environmental civil public interest litigation has its own advantages in solving environmental disputes.First of all,the application of the system can meet the needs of the times of China’s diversified dispute resolution and relieve the judicial pressure;second,it can improve the efficiency of solving environmental dispute cases and achieve the purpose of protecting and repairing the environment in a timely manner;finally,the system is conducive to reducing the litigation burden of the parties,saving litigation costs and avoiding long-term litigation.In addition,the environmental civil public interest litigation is different from the traditional civil private interest litigation.In view of the problems existing in the mediation system of environmental civil public interest litigation,we should consider its public welfare nature and limit the plaintiff’s right to dispose in the mediation.For example,we should limit the time to start the mediation after the parties have provided evidence for cross examination,clarify what matters can be mediated between the two parties,and strengthen the mediation at the same time The court plays a leading role in mediation to prevent malicious collusion and damage to environmental interests.In order to protect the public’s right to know and participate,we should make unified provisions on the announcement content and platform selection of mediation agreement.Finally,we should also build the relevant supervision mechanism,environmental special fund management mechanism,so aim to make the mediation system of environmental civil public interest litigation more complete,which is conducive to achieving a win-win situation of environmental protection and social development.