LI Haitao    Law School

Abstract：In recent years, environmental pollution and ecological destruction have been frequently reported in the news media. The destruction of ecological environment has seriously affected people's production and life, and environmental problems have become an urgent social problem that needs to be solved. The environmental civil public interest litigation system, which is based on the protection of the environment and the containment of ecological damage, has achieved good results in foreign countries, and is also a hot topic in the theoretical circle and litigation practice in China. The development of environmental civil public interest litigation system will not only benefit environmental protection, but also lead the development of public interest litigation system in other fields of our country, and will certainly promote the process of our country's rule of law. China's environmental civil public interest litigation is still in its initial stage, and the provisions of Article 55 of the new Civil Procedure Law revised in 2012 break through the traditional theory of appropriate parties, and take the first step of China's environmental civil public interest litigation system. According to Article 58 of the Environmental Protection Law amended on April 24, 2014, some non-governmental environmental organizations are granted the qualification of plaintiff in environmental civil public interest litigation. The Interpretation of the Supreme People's Court on Several Issues of Applicable Law in the Trial of Environmental Civil Public Interest Litigation Cases, which came into effect on January 7, 2015, and the Interpretation of the Supreme People's Court on Several Issues of Applicable Law in the trial of Environmental Tort Liability Disputes, which came into effect on June 3, 2015, are difficult to identify in the judicial practice of environmental civil public interest litigation and are different from ordinary civil litigation The procedural matters shall be provided for. However, the interpretation has more restrictions on the main body of environmental civil public interest litigation, and it does not specify the protection system such as the establishment of trial institutions, incentive guarantee mechanism, and environmental protection special fund, which will increase the difficulty of the actual operation of environmental civil public interest litigation. No matter what kind of legal system, it must conform to the national litigation practice. Although we cannot copy the system of other countries, the value of the advanced experience of foreign countries that started earlier is self-evident to the development of environmental civil public interest litigation in our country. In this paper, comparative research and comprehensive analysis methods are used to carry out research from the following aspects: Firstly, from the concept, characteristics and functions, the basic theory of environmental public interest litigation is summarized. Secondly, it summarizes and analyzes the main problems of environmental public interest litigation in China, and studies the characteristics of environmental public interest litigation systems in two major legal systems, and introduces the beneficial experience and enlightenment of environmental public interest litigation systems in some representative countries from the perspective of comparative law. Finally, this paper puts forward the concrete ideas to further improve the system of environmental civil public interest litigation in China from five aspects, such as the establishment of a diversified system of prosecution subjects, the establishment of preliminary procedures, the specialization of judicial institutions, the incentive system of environmental civil public interest litigation, and the establishment of a special fund for environmental protection.

Read the article here:    我国环境民事公益诉讼制度研究_李海涛.pdf