环境公益诉讼相关问题研究.pdf

Abstract With the rapid development of economic in China ，the environment is becoming worse and worse ．Because of the limit of nation administrative management and the lack of traditional material and procedural law system ，the environmental public interest can not be effective protection ．As a new form of litigation in modern society ，the environmental public interest litigation can protect public interest against the environmental damage ，it also can protect the public’s interest ，property ，health ，life and good living environment，as a result ，many countries have introduced it into their legislation ．Proverb cloud in France ：is it right away have no right to relieve to have ．The author thinks we can import the institution of public interest suit to mitigate the damage to environmental commonweal in China ． Public interest litigation is a litigation to protect environmental public interest ．It means that according to the authorization of law，any person or organization can bring an accusation against the behavior that infracts the public interest ．The emergence of environmental public interest litigation system is not only the breakthrough of the parochialism in the Protection of their private interests ，but also the transcend of the traditional litigation legal system ． Procedure Environmental right plays the important role in the process of environmental right protecting for substantive environmental right is lacking of research ．The main systems of the Environmental Public Interest Litigation surround the Procedure Environmental Rights ，which includes subject system ，special system，particular decision and so on ．The writer holds that in order to realize the goal of environment justi ce China should reform his system of civil proceeds and administrative proc