Research On Comprehensive Incentives For Environmental Protection Organizations To File Environmental Public Interest Litigation

Environmental public interest litigation(EPIL)by environmental non-government organization(ENGO)is an important supplement to the "government failure" in environmental governance and a way for public participation in environmental protection.Although China has initially established an institutional system for EPIL,and the state has introduced policies to encourage ENGOs to file lawsuits,the number of EPIL cases filed by ENGOs in practice is still relatively low in practice.In view of this,this paper intends to analyze the many difficulties of EPIL by ENGOs and propose an optimization path from the institutional level.Most of the studies conducted by scholars in China and abroad focus on the litigation costs of EPIL and attempt to enhance the enthusiasm of ENGOs through economic incentives,but there is a lack of comprehensive and in-depth studies on the institutional difficulties of ENGOs in filing lawsuits.In view of this,this paper addresses the scarcity of EPIL cases filed by ENGOs,takes the survey data as a reliable premise,searches and organizes a large amount of domestic and foreign literature,analyzes the main factors affecting EPIL filed by ENGOs,explores the basic theories underlying current case law in environmental litigation in the public interest and draws on successful experiences from abroad.In this chapter,we will explore how the EPIL system by ENGOs has been optimized in China’s environmental governance system.The first chapter introduces the system and practice of EPIL in China,and compares the legislative developments in EPIL,analyses the current system of EPIL by ENGOs,and explores the current practice of EPIL by ENGOs in China through visual data.The second chapter examines the problems of EPIL by ENGOs in China.35 ENGOs were surveyed by interview,and the statistical analysis of the survey results reveals that the willingness of ENGOs to file lawsuits is hampered in three aspects: plaintiff eligibility,litigation cost burden,and litigation protection system.The third chapter sets out the theoretical basis for optimising the EPIL system,explaining the institutional value of EPIL,the theoretical basis for ENGOs to bring EPIL,the “cost-benefit” analysis of litigation by ENGOs,and the synergy theory for EPIL.The fourth chapter proposes a path to optimise the system for ENGOs to bring EPILs in China,based on domestic conditions and foreign experience,mainly by relaxing the eligibility of plaintiffs,optimising the litigation cost-sharing system and establishing a litigation protection system.