Study on the Problems of Environmental Public Interest Litigation in China
|School||Northeast Forestry University|
|Course||Environment and Resources Protection Law|
|Keywords||Public interest Environmental Public Interest Suit System Establishment|
China has made impressive achievement after more than thirty years of reforming and opening up. Politically, China has stronger discourse power and influence power in the world. Economically, China has come to the second place in the world. As the concept of "harmonious society"slowly sinking into people’s minds, spiritual and cultural life of common people becomes more and more rich and colorful.However, with the achievement that has been made, the environmental problem, esp. the contradiction between human and nature becomes particularly prominent.As an important environment law, the environmental public interests suit has the function of supervising the enforcing of environmental administration, urging the enterprises and other pollution sources to comply with the law and promoting environmental public interest protection.First, this article illustrates corresponding concepts, characteristics and functions of environmental public interest suit and the significance of it in environment protection. Second, in combination with environmental problems in China and the reason why environmental public interest suit develops in China, this article points out that the main barriers in China’s environmental public interest suit include over restricted limitation on the prosecutor qualification, deficiency in specific regulations in current laws and short limitation of actions as well as overcharge on lawsuit. Third, this article introduces and analyses the development and current situation of environmental public interest suit in America, Japan, India and other western countries. This article also proposes reference significance in the combination with practical situation in China. Based on all of these, this article analyses the necessity and practicability of establishing environmental public interest suit in China both in theory and in practice. Lastly, proceeding from the reality in China, this article proposes the principles and relative measures to improve environmental public interest suit in China.This article demonstrates the problems and solutions of improving environmental public interest suit in China with methods of induction of current situation, prediction and comparing.The research on this subject is of strong significance both in theory and reality. To improve the environmental public interest suit is of great significance in promoting sustainable development of economy and society and enhancing the people’s enthusiasm to protect the environment and exerting themselves into environment protection.