|
Founding of New China , especially since the reform and opening up three decades, China's economic development has made remarkable accomplishments manners , but in the economy has been the rapid development of the environmental pollution problems are increasing , environmental pollution has become the focus of discussion . In particular, in recent years our country's environmental pollution and ecological damage is very serious. To protect the environment , prevent pollution and other public hazards further intensified, safeguarding national interests and the public environment , many countries have involved public interest litigation proceedings to establish the corresponding system in which environmental public interest litigation in a number of provisions to occupy a considerable important position. Environment Environmental Public Interest Litigation is an important part of public interest litigation , and our existing legal framework , and not on environmental public interest litigation in civil specific provisions . And again pollution accidents but in urgent call for the emergence of Environmental Public Interest Litigation . Therefore, in order to safeguard the interests of the public environment , the protection of social , environmental rights of citizens , our country it is necessary to modify the traditional litigation system and supplements to build with Chinese characteristics, environmental public interest litigation in civil legal system . In this paper, the concept of the establishment of environmental public interest litigation , the nature , characteristics and build background, based on China 's national conditions, proposed the establishment of Environmental Public Interest Litigation System in a number of recommendations , through the filing censorship , special provisions for claims , the plaintiff qualification to relax , the rational allocation of the burden of proof , an appropriate extension of the limitation of actions , the cost burden and the plaintiff reasonable incentive system , litigation accountability , implementation of the system and other aspects of system innovation, to explore a new social relationships and contradictions under new ways to protect the environment , and gradually establish an environment of civil public interest litigation.
|