| 英文摘要 |
Public interest litigation has been established and becoming more and more mature in mainland China with the revisions of civil procedure law in 2012 and environmental protection law in 2015 and the implementation of the judicial interpretations on application of law in environmental civil public interest litigation. But compared with great contributions on many other issues in this field the judicial practice circle and the legal theory circle have made little research on judgment of responsibility especially from empirical perspective, through which the goal of environmental civil public interest litigation has been achieved. Researching on judgment of responsibility has two significances: one is to sum up experience and achievement in the past for providing reference for judicial practice and rule improvement in the future while the other is to find out problems and defects in the judgments for defining the weakness of law. Then the suggestion for judgment of responsibility and for development of environmental civil public interest litigation is coming out. We’ve got conclusions below after analysis on environmental civil public interest litigation in judicial practice. In this field rule-making and judicial practice have interacted so well that the latter is the important source of the former while the former has been providing rules for the latter. Responsibility is an important part of rules while judgment of it is a basic duty in practice, which two have been promoting each other. Besides achievements, there’re also some problems to solve. Rules are insufficient for defining scope of claims, for writing judgment for public interest litigation as well as for trial and execution. The selection and perfection of ecological damage assessment system should be strengthened. There’re many difficulties to ascertain loss and restoration of environmental service function. Also it should be solved how to manage and use compensation for environmental restoration. To solve these problems it’s fundamental to continue to enlarge and deepen existing experience in the future. At the same time, some other detailed rules need to be constructed and improved, including: preventive liability and behavior preservation rules, restorative liability rules, rules for adjudication and enforcement of repairs, enrichment and development of alternative responsibility, etc. |
