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1、Research on Environmental Public ServiceLawsuit in China,我国环境公益诉讼制度研究,Research on Environmental Public Service Lawsuit in China,Purpose,Background,Issue,Method,Conclusion,Purpose,In view of multiple environment pollution violations of countries all over the world, it is imperative to set up a reason
2、able and generally applicable system of public interest litigation. At present, the theory of environmental public interest litigation overseas mainly relies on social entrust theory, attorney general theory and environmental rights theory, but these theories which have its contradiction cant really
3、 realize the purpose of public interest litigation. Public interest litigation joined by many people just stands for multiply environmental litigation in the sense of traditional civil law and just leads to civil liability compensation. However, the collective environmental public interest litigatio
4、n is put forward to furthest guarantee the realization of the public interest.,Background,At present, environmental public interest litigation system has become the focus not only in theoretical research of Environmental Law but in Law practice for the seriousness ofenvironmental problems. As a new
5、form of litigation in modern society, the environmental public interest litigation can protect public interest against the environmental damage, it also can protect the publics interest, life, health, property and good living environment, as a result, many developed countries have introduced this sy
6、stem into their legislation, such as the citizens action in the United States, the public proceedings in Japan and the group litigation in German. However, Chinese legal protection toward the public interest still remains in principled provisions within few branches of law. Along with increasingly p
7、rominent environmental problems and inadaptable remedies of traditional environmental system which focus on the protection of the private interests, the establishment of the environmental public interest litigation system has become more urgent and realistic in china.,Method,1. Conduct a literature
8、review on leadership and communication in team. 2. Observe the group four hours per week for six weeks, focusing mostly on conversations at team meetings, especially those conversations in which the group addresses changes to their work processes and issues of team relationships and identity(ies). 3
9、. Interview team members to clarify and provide insight into conversations. I will attempt to conduct these interviews shortly after conversations of interest. While the interviews will not be formal or structured, the kinds of questions I will ask include the following. The general strategy for the
10、 interviews is to start off with broad questions and follow up on the interviewees responses, to capture her or his meanings and to avoid imposing my meanings on the interviewee. 4. Undertake a situational analysis of the field notes and interview notes, guided by Alvessons theory. 5. Write a resear
11、ch report that combines my understanding of the relevant theory and previous research with the results of my empirical research.,Issue,This paper starts from the concept of public interest and public interest litigation, develops the concept of environmental public interest litigation, and analyses
12、the characteristics of the latter. Based on this, the paper states the fundamental theories of the environmental public interest litigation along with the historical development of public interest litigation : theory of environmental right, the public trust, the unity of environment and taxpayers, f
13、urthermore, discusses systematical values of the environmental public interest litigation :it reflects the democracy of environment ,increases the publics supervision of environmental enforcement ,and shows the environmental law attributes of social law.,Issue,The paper analyzes the inevitability of
14、 establishment of environmental public interest litigation system in china first: it is the requirement of the legal development, the particularity of environmental violations as well as the improvement of our democratic system and the reduction of the international pressure. The establishment of en
15、vironmental public interest litigation system in china is feasible. Firstly, it consists with ourcountry to create a “harmonious society“. Secondly, it meets our existing laws and the relevant provisions. Thirdly, it has deep popular base. Finally, the useful attempt by our practitioners and the suc
16、cessful operation of relative foreign systems has accumulated valuable experience for us.,Issue,The paper devotes a lot of space in demonstrating the concrete conception about the establishment of the environmental public interest litigation system. Begin with qualifications of the plaintiff in envi
17、ronmental public interest litigation, the paper gives point to get rid of limits from the theory of direct relationship in interest, and expands the qualifications of theplaintiff in environmental public interest litigation. According to the paper, this kind of plaintiff includes procuratorial agenc
18、ies, administrative branches of the environment, private environmental organizations, natural persons, animals, in nature things and future generations. Among these plaintiffs, the paper emphatically states why procuratorial agencies should act as the plaintiff in environmental public interest litig
19、ation and challenges they will face. During states the construction of the environmental public interest litigation system , claims,especially mental damages are issued. The paper also discusses the burden of proof, the litigation expenses, the limitation of actions, the content of verification and itsimplementation.,
