Dare engaging in a lawsuit with contaminative industry just is the plan of the effect a permanent cure that the environment supervises

Published on 2019-05-11

On September 12, “U.N. Environment Programme – base of research of law of environment of university of Chinese politics and law ” uncover a shop sign formally, this is the first when U.N. Environment Programme and college collaboration hold water orgnaization that pursues environmental law research technically, hold water by U.N. Environment Programme and combination of university of Chinese politics and law.

So, this research base, be basically what to issue study?

Hair of Can of king of director of base of professor of college of Chinese politics and law, research says, the main goal that this orgnaization establishs is to drive global environment of law research, groom and ability construction, of respect of stimulative environment law south south cooperate, especially the environmental law of afro-asian country cooperates, participate in collaboration of international environment law to offer for China strategical seek advice, for world environment law development provides wisdom library resource.

Study the main task of base, it is to undertake the environment rules by law to law of research, environment is taught and groom, begin an environment Fanana cooperates, undertake ” index of global environment law ” research, the issue of environmental law heat that discusses the whole world and place of processing of environment of world each country to be faced with, promote issue of global environment law solve.

U.N. deputy secretary-general holds U.N. environment arrange concurrently to carry out director Eric Suoerhaimu to think, china goes in world front row in environmental protection and climate change domain, environmental law studies base establishs important collaboration be U.N. environment arrange and China.

Commonweal lawsuit current situation

This is meant, the environmental law of our country is in and group of international environment law communicates a process in, want to draw lessons from international experience.

Although have Suoerhaimu’s affirmation, but we want recognize a such reality: Environmental law is our country comes 30 years the domain with legal the rapiddest progress, build carry out in the commonweal lawsuit under environmental law and judicatory, just still be in start level, still existing among them a variety of problems.

After environmental law edited 2015, violent wind of amount of environmental commonweal lawsuit rises, the environment damaged responsibility person to also be paid 1 million it is the compensation of a huge sum to on 100 million yuan. Should say, commonweal contentious case is in grow in quantity, this also is the inevitable result that frequency of incident of pollution of instantly China environment delivers.

On August 28, 2017, the Ningxia that gets attention fully vacates the desert in case to pollute first instance of case of commonweal lawsuit series to mediate end a case, 8 enterprises be appealinged to assume more than 500000000 yuan to be used at repair and precautionary soil contamination, assume environmental loss collective benefit fund 6 million yuan, achieved the record of commonweal lawsuit.

Look in me, 500 million yuan repair capital mixes trifling 6 million compensation, to 8 enterprises of long-term blowdown, too light still, and such compensation returns desert very hard an innocence.

With us numberless as the sand environment pollutes case photograph to compare, the returning that initiates lawsuit actually is very little, serious out of proportion. Although in recent years environmental protection superintend and director is checked,strengthen again and again, whole society had formed pair of environments to pollute everybody to call hit atmosphere, but we should be sober realise: The administration that relies on from above to below is supervised, not be essential sex solve a method.

In economic society, certainly high frequency rate produces environmental pollution, no matter administration executes the law how the method is advanced, execute the law how frequency is concentrated, always be somebody wants exploit an advantage. At that time, will initiate lawsuit through environmental commonweal lawsuit, let responsibility person take lawsuit at any time, ability raises illegal cost, from go up at all occurence rate of incident of pollution of keep within limits.

So, our environmental commonweal lawsuit why too little?

Inside reason, on one hand because new the regulation of environmental protection doctrine after editing: Register lawfully, undertake activity of environmental protection commonweal technically 5 years above and the organism that did not violate a record, just can be opposite contaminative environment, destroy modes of life and relation to their environment, damage a society the behavior of public interest to people court to lodge a complaint. In judicatory practice, accord with a condition and capable to mention the organization of environmental commonweal lawsuit is very few, this is meant, when the environment pollutes incident happening, can stand to initiate orgnaization can be counted on one’s fingers of lawsuit on behalf of the public.