Experience,Problems And Countermeasures Of Environmental Civil Public Interest Litigation Cases In Jiangxi Province

Jiangxi Province,as a big ecological province,is rich in various ecological resources,attaches great importance to the construction of ecological civilization,and actively explores many aspects of environmental justice.Through collecting and analyzing environmental civil public interest litigation cases tried by courts at all levels in Jiangxi Province in recent years,this paper finds that ecological environmental protection in Jiangxi Province has made great progress.The article is divided into four parts.The first part is a preliminary understanding of the general situation of the trial of environmental civil public interest litigation cases in Jiangxi Province,and the number of cases accepted in Jiangxi Province is increasing year by year;The scope of accepting cases is becoming wider and wider;Social organizations that meet the qualification of environmental civil public interest litigation have achieved from scratch and played their due role;The defendant is no longer limited to vulnerable natural persons and small and micro enterprises,and social organizations dare to resort to the court for the pollution behavior of strong large enterprises;There has been a marked improvement in the rate of satisfaction of mediation and litigation claims.In the second part,by analyzing the overall trial situation of cases,we found the beneficial practices in the practice of environmental civil public interest litigation in Jiangxi Province,accumulated trial experience through practice,and created the "five-combination method of environmental damage calculation" referee rules to alleviate the problems of high appraisal cost and long period;Actively respond to the requirements of national judicial specialization,promote the trial mode of combining regional jurisdiction with basin jurisdiction,and improve the professional level of environmental case trial;In practice,we should better implement the green development concept of giving priority to protection and giving priority to restoration.By trying some environmental civil public interest litigation cases with great social influence,we will popularize the law to the public,improve the public’s awareness of ecological protection,and declare to the public that the ecological red line is insurmountable,otherwise it will be severely punished by law;Forming a more systematic ecological restoration mechanism,changing the execution target by means of alternative restoration,taking the execution of civil cases as a part of the basis of criminal judgment and sentencing,making overall plans and taking into account the complementarity between the criminal and the people,can improve the defendant’s enthusiasm for fulfilling his obligations and maximize the judgment effect;Reducing or exempting the plaintiff’s litigation costs,to a certain extent,reduces the litigation costs of social organizations,which is also an effective response to the current low enthusiasm of social organizations for litigation,enhancing their enthusiasm and helping the development of environmental civil public interest litigation.The third part is to find out the existing problems in practice,and analyze a series of problems such as stricter subject qualification,litigation costs,poor effect of compensatory responsibility,imperfect mediation procedures,unclear management and use of repair funds,etc.The fourth part is to explore the judicial trial path of Jiangxi environmental civil public interest litigation in the future,and put forward targeted suggestions on how to solve the existing problems,including reflection and sublation of existing academic achievements,as well as thinking and analysis of new fields.Moreover,some problems in Jiangxi Province are also common problems in the whole country.From small to large,local countermeasures are put forward,which can also provide suggestions for the construction of national environmental civil public interest litigation.