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Journal section "Humanities"

Judicial Practice and Perfect Path of Environmental Public Interest Litigation

Chen N., Ye Y.

1 (41), 2018

Chen N., Ye Y. Judicial Practice and Perfect Path of Environmental Public Interest Litigation. Territorial development issues, 2018, no. 1 (41). DOI: 10.15838/tdi.2018.2.41.6

DOI: 10.15838/tdi.2018.2.41.6

Abstract   |   Authors   |   References
The research and practice of taking the main bodies without the direct interest relationship with the harmful consequences as plaintiff in the environmental public interest litigation have been explored earlier. In recent years, China's government have initially established the environmental public interest litigation system from the legislative level, which has provided a legal basis for solving the problems of litigation in practice, but the effect of litigation has been not ideal. In this paper, by analyzing the legislation enforcement of environmental public interest litigation from 2015 and comparing the number of cases brought by subjects of litigation in calendar years, it is concluded that the gap between the legislation and the practice roots in the imperfection of system design, resulting in the unsmooth juridical practice. Civil Procedure Law and Administrative Procedure Law revised in July, 2017 have took the people’s procuratorate as the rightful subject of environmental public interest litigation, it is suspected that it transfers the supervision and administrative power of the administrative authority to the judiciary authority to be indolent in exercising by the administrative authority. Furthermore, the undefined litigation procedures and litigation purposes are also one of the factors resulting in that the environmental public interest litigation is difficult to be effective. To improve the judicial dilemma at present and to play the role of environmental public interest litigation, it needs to reconstruct and prefect existing system, and expand the qualification of the subject of environmental public interest litigation, construct the effective connection between environmental administration and environmental justice, equitably distribute the burdens of persuasion, add restraints and relief mechanisms and use other methods to establish a more comprehensive and feasible environmental interest litigation system, thereby providing appropriate theoretical reference and practical reference for resolving environmental pollution and ecological problems in China

Keywords

environmental public interest litigation, shifting of burden of evidence, administrative supervision

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