On the Sequence Design and Construction of the Subject of Environmental Civil Public Interest Litigation

Journal: Modern Economics & Management Forum DOI: 10.32629/memf.v3i2.765

Xiutong Jia

Law School, Shandong Normal University, Jinan 250358, Shandong, China

Abstract

The suitability of the subject of the environmental civil public interest litigation serves as the basis of the design of the sequence of the subject of the lawsuit, and the rationality of the sequence of the subject of the lawsuit is the key to the best maintenance of public interest. Based on the inspiration of foreign systems and the discussion on opinions by scholars, the environmental civil public interest litigation is divided into two stages: subrogation litigation and damage compensation litigation. Besides, the reasonable design of the order of the subject of the lawsuit is achieved in the two stages. In the litigation of subrogation, the environmental protection organization ranks the first followed by the individual citizen in the second place, and the last place goes to the procuratorial organ. In the lawsuit of damage compensation, the environmental protection based administrative organ is the first and the only subject. The subjects of each sequence complement and cooperate with each other to safeguard environmental public interests.

Keywords

environmental civil public interest litigation, suitable litigation subject, sequence design, subrogation litigation, damage compensation litigation

References

[1] Zhang Feng. Discussion on the ranking design of the subject of environmental public interest litigation[J]. Legal Forum, 2017,(2).
[2] Huang Yayu. Diversity and ranking arrangement of litigation subjects in ecological environmental public interest litigation — Discussion with Professor Li Zhiping[J]. Social Sciences in Guangxi, 2013,(7).
[3] Li Zhiping. Analysis of the advantages and disadvantages of the plaintiff in China's environmental public interest litigation and the selection of the order[J]. Hebei Law Science, 2010,(1).
[4] Gong Gu. Environmental Citizen Litigation in the United States and its Implications[J]. Climate Law, 2018,(1).
[5] Xie Yuhong, Cao Mingde. Rule of Law in environment in China 2014 (Volume 2)[M]. Beijing: Law Press, 2015.
[6] Gong Gu. The nature of environmental civil public interest litigation[J]. Chinese Journal of Law, 2019,(3).
[7] Li Zhiping, Xian Yan. Relationship between multiple responsibilities and stakeholders in restoration of "Contaminated Land in Changzhou"[J]. Environmental Protection, 2019,(13).
[8] Li Zhiping. European environmental public interest litigation and its enlightenment to china[J]. Academic Journal of Zhongzhou, 2007,(4).
[9] Cao Mingde. Comparative study on environmental public interest litigation between china and the United States[J]. Journal of Comparative Law, 2015,(4).
[10] Zhang Feng.The qualification of environmental public interest litigation of environmental social organizations[J]. China Population, Resources and Environment, 2015,(3).

Copyright © 2022 Xiutong Jia

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License