Research On Legal Issues Of Environmental Public Interest Litigation

Environmental public interest litigation is the key judicial channel for the society to participate in environmental protection and supervision.Environmental public establishes a channel for the judicial relief of ecological environment governance that destroys the public interest,and also provides a foundation for the procuratorial organ to perform the duty of legal supervision over administrative acts.Then,environmental public interest litigation is relatively complex,and China’s environmental public interest litigation system is still in the exploratory stage.The current legislative situation lags behind judicial practice.There are still deficiencies in the current legal system on the plaintiff qualification of environmental public interest litigation,rules and regulations,litigation filing threshold,review start-up procedure and litigation liability mechanism,which restrict the promotion of environmental public interest litigation in China.Therefore,a comprehensive examination of China’s environmental public interest litigation is conducive to give full play to the preset function and social benefits of the environmental public interest litigation system.This paper studies the problems existing in the environmental public interest litigation system from the aspects of the construction of laws and regulations system,the scope of qualified plaintiffs,the filing threshold of environmental public interest litigation,the starting procedure of environmental public interest litigation,and the liability mechanism of environmental public interest litigation.Study and learn from the experience of environmental public interest litigation in the United States,Japan,Australia and other countries,put forward the experience and Enlightenment of foreign environmental public interest litigation for China,improving the laws and regulations of environmental public interest litigation;Appropriately expand the scope of plaintiff’s subject qualification;Reduce the threshold of filing environmental public interest litigation;Standardize the start-up and review procedures of environmental public interest litigation;Improve the responsibility and compensation system of ecological restoration,and put forward the ideas of legal improvement.