Award-winning paper | "Exploration and Research on the Guarantee System of Environmental Public Interest Litigation Fund"-won the first prize of Shandong Lawyer's Excellent Paper.

Content Summary

In view of the increasingly serious environmental pollution and ecological damage in the process of China's development, the situation of "zero litigation" in environmental courts makes it clear that China's environmental public interest litigation system needs to be improved. The establishment of a good environmental public interest litigation fund guarantee system is conducive to the further development of environmental public interest litigation. In order to improve the enthusiasm of more people and environmental protection organizations, it is necessary to solve the problem of funds they need in the process of litigation, establish the relevant fund guarantee system, and provide financial support for the plaintiff. Therefore, the establishment of a litigation fund system is an inevitable choice to ensure the effective implementation of environmental public interest litigation, and at the same time, it is necessary to do a good job in the use, management and supervision of the fund.

 

Key words:

Environmental Public Interest Litigation Fund System Supervision

 

Human survival is the earth this environment, in the increasing consumption of the earth's resources, but also on our surrounding environment caused some impact. Environmental tort disputes are an important aspect of social problems. If not handled properly, it will not only aggravate the seriousness of environmental problems, but also not conducive to China's economic development and hinder social progress. At present, in China, environmental public interest litigation is an important way to solve environmental disputes. The starting point of environmental public interest litigation is to protect public interests rather than private interests, that is, it has public welfare, in order to prevent and control environmental damage.

 

Recently, environmental public interest litigation has been paid more and more attention, but the relevant supporting system has certain defects, which makes it difficult to play an effective role in the practice process. In order to solve the dilemma, many scholars and organizations are exploring. On the basis of our research on environmental public interest litigation, we learn from the relevant experience of foreign countries, and explore and study from the perspective of environmental public interest litigation fund guarantee system.

 

Theoretical Basis of 1. Environmental Public Interest Litigation Fund Guarantee System

 

Meaning of (I) Fund

 

The term "fund" is used in foreign countries and can be understood as "funds reserved or earmarked for the establishment, maintenance and development of a cause." The establishment of environmental public interest litigation fund is mainly to reduce the cost of public interest litigants in public interest litigation, reduce the financial pressure faced in litigation, and repair the damaged ecological environment. At present, the main purpose of the fund is to provide funds for the preliminary investigation and evidence collection of environmental public interest litigation. There may be no return for investors, but it can be used to safeguard the interests of the public. The environmental public interest litigation fund is a manifestation of the development of public interest litigation, which is of great significance to the future environmental protection.

 

(II) fund function

 

Environmental public interest litigation is a kind of public interest litigation. Although the law stipulates that if the conditions are met, it is only the tip of the iceberg for the plaintiff and cannot solve the actual lack of funds. China's litigation implements "the losing party shall bear the litigation costs". Article 22 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of environmental public interest litigation cases (hereinafter referred to as the "interpretation") stipulates that "the court may, at the request of the plaintiff, require the defendant to bear relevant reasonable expenses, mainly including appraisal, attorney's fees and other reasonable expenses". This provision can only be realized after winning the lawsuit, But no one can imagine, the plaintiff still has to pay all the costs first. If environmental public welfare wants to develop for a long time, it needs stable capital chain support to provide continuous help for it. The establishment of the Environmental Public Welfare Fund is mainly used to support the plaintiff's litigation needs for identification, evaluation, investigation and evidence collection, hiring professional lawyers and other expenses, so as to solve most of the difficulties and lack of funds. Only with sufficient financial support can we promote the concern and support of grassroots forces and public welfare organizations for environmental protection work.

 

There is a misconception that prosecution takes time and money if a dispute rises to litigation, however, the results are sometimes unsatisfactory. This makes more people choose to solve the problem privately, reducing the trouble and cost. However, the use of compensation in private is not clear, nor can polluters solve the pollution problem and immediately restore the environment. The support of the fund promotes the development of environmental protection, and to a certain extent helps to stimulate the public to supervise the pollution behavior of enterprises, give more warnings to polluters, and allow enterprises to avoid risks while creating wealth. With the development of China's environmental protection fund, the construction of environmental protection fund has also been promoted.

 

Overview of 2. Environmental Public Interest Litigation Fund Guarantee System

 

(I) the Legislation and Practice Dilemma of Environmental Public Interest Litigation in China

 

In view of the increasingly serious environmental pollution and ecological destruction in the process of China's development, Article 55 of the Civil Procedure Law revised in 2012 establishes a civil public interest litigation system. Article 58 of the Environmental Protection Law revised in 2014 states "filing a lawsuit" instead of "filing a civil lawsuit". The Environmental Protection Law implemented in 2015 clearly stipulates the conditions that subjects who can sue must meet, this means that eligible social organizations can file administrative public interest litigation against the local government or competent department that directly causes environmental pollution and damage to the public interest. The Environmental Protection Law implemented in 2015 clearly stipulates the conditions that must be met by the subject who can initiate litigation. Although the legislation stipulates the parties to environmental public interest litigation, it lacks financial protection. In order to reduce expenditures, litigation will be abandoned, thereby reducing public participation in environmental protection. Enthusiasm. In the absence of national laws and regulations, some local laws and regulations have played a supplementary role, ensuring the financial guarantee and support of environmental public interest litigation.

 

The environmental pollution infringement case of Kunming Sannong Agriculture and Animal Husbandry Co., Ltd. and Kunming Yangfu United Animal Husbandry Co., Ltd., which were rated as "one of the top ten typical cases of the people's Court in 2011", has attracted national attention. Yunnan as the national environmental public interest litigation "forerunner" in the face of the plight of environmental public interest litigation, did not stop, but combined with the local judicial practice to establish a set of environmental public interest litigation implementation mechanism suitable for its development. Yunnan courts have achieved good legal and social effects by carrying out environmental public interest litigation and supervising public interest fund managers to repair the damaged ecological environment in public interest litigation compensation. Yunnan's judicial practice has a guiding role in the reform of national environmental public interest litigation.

 

The main reason for the dilemma of (II) practice -- the financial dilemma.

 

With the improvement of productivity and the rapid development of economy, thousands of environmental pollution incidents actually occur in China every year. The reason why many local courts appear in the state of "zero litigation" is that the operation of the system needs financial support, otherwise it will hinder the effective function of the system. Although China has established legal provisions for environmental public interest litigation, financial support for environmental public interest litigation is not in place. State finance is used for the survival and development needs of the country and participates in the distribution of national income, so state financial support is limited. Environmental public interest litigation is a high-risk "investment" behavior, which requires a lot of money in the early stage, and it may not bring many benefits to the parties, so "no matter how perfect the justice of the trial is, if the cost is too high, people can only give up the hope of justice through the trial." The purpose of environmental public interest litigation is to protect social public interests, not private interests. When there is a big difference between the plaintiff and the defendant, the defendant is often a large enterprise with strong funds and professional lawyers, while the plaintiff is usually a public welfare organization without superior lawyer resources. However, environmental public interest litigation has high requirements for lawyers. Due to the huge gap in financial support between the two parties, it is difficult to achieve fairness. Plaintiffs often give up litigation, which will reduce the public's enthusiasm for environmental protection.

 

Problems such as subject qualification and difficulty in filing a case are no longer obstacles to environmental public interest litigation. However, for social organizations that can file environmental public interest litigation, insufficient funds, high costs, and high identification costs have always been inevitable problems. To solve this dilemma, we must first solve the system problem, and then establish a grafting mechanism of various resources through the system. Therefore, how to establish the system to solve the financial difficulties is related to the long-term, continuous, stable and large-scale environmental public interest litigation.

 

(I) litigation costs are high. For the plaintiff in environmental public interest litigation, the purpose of litigation is to safeguard the environmental public interest, but the litigation costs that need to be paid for this are an additional burden for the plaintiff. According to the provisions of Article 6 of the current Measures for the Payment of Litigation Costs, the litigation costs that the parties should pay to the people's court include:(1) case acceptance fees;(2) application fees;(3) witnesses, appraisers, interpreters, and adjusters Transportation expenses, accommodation expenses, living expenses and missed work subsidies incurred when personnel appear in court on a date designated by the people's court. According to the law, in order to initiate proceedings, the plaintiff must first pay the costs of the proceedings. Accordingly, the litigation costs involved in environmental public interest litigation should include the aforementioned three costs, in addition to the litigation may also incur investigation and evidence fees, appraisal fees, inspection fees, assessment fees and other reasonable costs arising from the litigation. Among them, the high appraisal cost of environmental public interest litigation is also a difficult problem that the plaintiff must face in litigation. The plaintiff needs to identify pollutants, the scope of pollution, and the losses caused by pollution when presenting evidence. This requires institutions with evaluation ability and appraisal qualifications to make appraisal, and even if the plaintiff wins the lawsuit, this part of the cost will not be compensated, which virtually increases the plaintiff's litigation cost.

 

(II) identification costs are high. The degree of environmental pollution, the extent of pollution and the economic losses caused by pollution need to be assessed by relevant institutions with assessment ability and judicial qualification. In the absence of an ecological damage assessment, the court cannot determine the amount of compensation for the defendant even if the lawsuit is successful. In addition, the ecological environment damage assessment is a technical, complex, extensive and comprehensive work. At present, there are not many institutions with relevant assessment capabilities and judicial qualifications in our country. Therefore, it is expected that the cost of identification will be very high, as stipulated in Article 22 of the "Interpretation", which can reduce the burden of the plaintiff.

 

Difficulties in managing (III) compensation payments. Article 24 of the Interpretation provides for the use of funds, but the impact of public interest litigation can easily be attributed to the lack of detailed planning and other problems. How to use them, who oversees them, who will evaluate them. On July 3, 2014, the Supreme Court issued the "Opinions of the Supreme People's Court on Comprehensively Strengthening the Trial Work of Environmental Resources to Provide Strong Judicial Guarantees for Promoting the Construction of Ecological Civilization" (hereinafter referred to as the "Opinions"). The proposition of "Special Fund for Litigation. The "Opinions" regulate the management of public interest litigation funds. On the one hand, the accounts under this management method are relatively clear. On the other hand, it can ensure the rational use of funds. This is a useful exploration to solve the financial dilemma of environmental public interest litigation.

 

Environmental public interest litigation needs a flexible solution, funds guarantee to provide sufficient funds to support the prosecution, improve the enthusiasm of the public to participate in environmental litigation, in order to achieve the purpose of restoring the environment and protecting the environment.

 

Deficiency of (III) Environmental Public Interest Litigation Fund Guarantee System

 

There are some limitations in the construction of the fund guarantee system of environmental public interest litigation: they are all low-level norms of specific provinces, which makes the construction of related systems lack unity and authority. The form of financing in the system design is also relatively simple and difficult to provide sufficient funds for the environmental public. The application scope of environmental public interest litigation fund is not uniform; the management of environmental public interest litigation fund is lack of system regulations; the application and payment of environmental public interest litigation fund are lack of clear procedures; the system of supervising environmental public interest litigation fund has not been effectively established. In short, a number of institutional deficiencies need to be addressed.

 

In China, the environmental public interest litigation system has been basically established, but the whole system still needs a supporting operating mechanism. However, due to China's lack of experience, theoretical development is not yet mature, has not yet established a complete set of operational procedures. This imperfect system can suffer from a variety of problems. In fact, its development status is not optimistic in practice, so we need to learn from some other countries to improve our system.

 

Extraterritorial Reference of 3. Environmental Public Interest Litigation Fund Guarantee System

 

We are a big family on the earth, and every country should cherish and save its limited resources. Some developed countries have established corresponding environmental public interest litigation support systems according to their own level of development to deal with environmental issues in environmental public interest litigation.

 

Modern public interest litigation is rising in the United States. After more than 50 years of development, it has developed into a fairly mature legal system in Western countries. In particular, the regulation of public interest litigation costs has its own characteristics. These litigation fee systems have played an active role in public participation in environmental public interest litigation, ensured the realization of citizens' environmental rights and interests, promoted the implementation of environmental legal systems, and effectively protected the ecological environment. Drawing on the mature litigation cost system in the West, we can improve the cost system of public interest litigation. To make the past serve the present and foreign things serve China, we should learn from the litigation fund guarantee system of developed countries in environmental protection and improve our support system as soon as possible.

 

(I) United States

 

The unique "risk charging system" in American group litigation can also provide an important reference for the charging system of public interest litigation in China. In the risk charge system, the related litigation costs are generally borne by lawyers who are willing to take some risk. At this point, the parties do not have to pay the costs of the proceedings. After that, according to the circumstances of winning or losing the case, the lawyer can only obtain the relevant fees paid at the time of winning the case, and can also obtain relevant damages from the case itself. Part of that is an extra bonus. Of course, if the case is lost, not only will it not be possible to recover the relevant litigation costs previously paid by the lawyer, but it will also be impossible to obtain additional compensation from the case. This practice of shifting the risk of litigation costs from the client to the lawyer who is willing to take the risk may bring more benefits to the lawyer than the lawyer. The risk charging system is a good system that has been tested by the development practice of environmental public interest litigation.

 

American law gives the judge discretion, the judge can determine the lawyer's fees and other expenses, and even the appraisal fee can be judged by the judge. To a large extent, this reduces the burden of plaintiff's litigation costs. The environmental public interest litigation fund in the United States is mainly managed by the foundation, which is divided into public trust and non-profit legal person. The foundation has special people to manage funds and has its own management system and supervision system, which is more efficient and feasible than government management. The United States also has a Superfund system that gives some support to environmental public interest litigation.

 

(II) England

 

Public interest litigation system once existed in ancient Europe. In ancient Rome, jurists divided litigation into public interest litigation and private interest litigation. After the outbreak of the European Industrial Revolution, European countries not only developed rapidly, but also experienced a serious environmental crisis. In the 1970 s, the outbreak of the environmental movement and the improvement of environmental awareness prompted the emergence of modern environmental public interest litigation in Europe. With the importance of environmental protection in European countries and the development of European integration, environmental public interest litigation has a unique regional system in Europe. The signing of the Huos Convention has played a positive role in the development of environmental public interest litigation.

 

In terms of the cost of environmental public interest litigation, the Attorney General of the Crown Prosecution Service is the sole legal authority in the British litigation system. The right to exercise litigation in court on behalf of the public by the Attorney-General of the Crown Prosecution Service is a unique system in the United Kingdom in environmental public interest litigation, and the cost of this litigation is supported by the state finances. Depending on the nature of the prosecutor's office, the costs of proceedings initiated by the Attorney-General are borne by the State. Therefore, in the UK, the environmental public interest litigation brought by the prosecution can be guaranteed by the national finance. The prosecution by the Attorney General in the United Kingdom has a strong political color, and at the same time, it is supported by the strong backing of the country. The funding of environmental public interest litigation is guaranteed, which reduces the pressure of litigation and increases the public's enthusiasm for environmental protection. In addition, the United Kingdom has a special national litigation relief system, the government funded the establishment of litigation costs relief fund, full-time to provide litigation costs relief. The Fund may be activated upon application by the Prosecutor, who, upon examination by the Foundation, is satisfied that the Prosecutor is unable to meet the costs of the proceedings to activate the Fund.

 

(III) Germany

 

The cost of environmental public interest litigation in Germany is supported by the Group Fund. This is because German law imposes strict requirements on the group that initiates the lawsuit. The group must be established in the public interest and have certain funds and rights, and the necessary registration should be made. The funds required for environmental public interest litigation are paid in advance by the litigation group, which requires the group to have a strong financial chain. Public interest litigation groups are more mature in Germany and have sufficient financial support.

 

The German Law for the Prevention of Unfair Competition, enacted in 1908, gave groups the right to bring class actions. Certain restrictions and clear stipulations of the rules concerning the payment of public interest expenses: first, the group must have the right to continue to register in society and have corresponding rights and abilities; second, the group must have sufficient financial ability to budget enough funds to ensure the smooth progress of litigation; and finally, the group can realize its pursuit of its own economic interests only if it pursues the public interest and protects and improves the public interest. Therefore, in environmental public interest litigation, if it is an environmental protection group to sue, it not only needs sufficient qualifications, but also needs sufficient funds to pay the related litigation costs.

 

In terms of financial support for environmental public interest litigation in the above countries, we should formulate a supporting system suitable for our country in accordance with national conditions. Our country should take its essence and discard its dross, and formulate a fund guarantee system suitable for environmental public interest litigation in our country.

 

Construction of 4. Environmental Public Interest Litigation Fund Guarantee System

 

Sources of (I) funds

 

In order to provide long-term and sustainable support for environmental public interest litigation, litigation funds must have sufficient capital injection, and countries have different solutions. In my opinion, the environmental public interest litigation fund is mainly established through the payment of fines by the losing party, government financial allocation, fund-raising by public welfare organizations, and individual donations by enterprises.

 

In recent years, it has been emphasized that the government and non-governmental organizations should promote the injection of environmental public interest funds and promote the development of environmental public interest litigation. However, it can be seen from the relevant report of the 19th National Congress of the Communist Party of China that relevant enterprises should be increased and a capital guarantee system jointly promoted by enterprises, the government and grassroots forces should be established. "Tripartite linkage" forms a community model, you have me and I have you. As the practitioner and promoter of economic development, enterprises have the vast majority of social wealth, and they are also the main force of using resources and destroying the environment. We cannot ignore the important role of enterprises in protecting and restoring nature. Like the Alibaba Public Welfare Foundation, enterprises can establish their own environmental public welfare funds to absorb the capital injected by peer enterprises and strengthen the strength of the fund, so as to use it as the financial support needed by the plaintiff's lawsuit in the future. On this basis, the government and grassroots forces should also promote the development of the fund. The government can use a certain share of the national welfare lottery, sports lottery and other public welfare income as the fund for environmental public interest litigation, or issue environmental protection lottery to stimulate market investment.

 

On the basis of establishing the "tripartite linkage" model, absorb the public welfare funds of non-profit organizations and increase the injection of funds. Nowadays, many foundations and non-profit organizations have grown and developed, and many funds are used to take care of the socially disadvantaged. However, the foundations established by non-profit organizations all have a common purpose, which is to create a loving world for the public, and the environment is the common home of everyone, and the funds raised by non-profit organizations are used to promote the development of environmental public interest litigation. It is also a feasible suggestion.

 

In order to realize value-added, the foundation can organize various fund-raising activities and environmental protection activities, so that more people can donate free of charge, and deposit part of the funds in the bank to obtain investment income. The development of the fund requires the action of the whole society, not the responsibility of a small number of people, but the social responsibility of the majority of people.

 

Management of (II) funds

 

Most foundations have defined a complete set of operation modes for fund management, such as management organization, decision-making mode and supervision system. As a public welfare fund, the establishment of environmental public interest litigation fund has many shortcomings, such as: enterprises are the main actors, more enterprises are not willing to voluntarily pay certain fees as litigation fund; government allocation is currently the main source of fund, government management funds will be misappropriated, embezzled, management omissions and other phenomena. Such an environmental public interest litigation fund should establish a strict management system. As the old saying goes, "there are no rules and no countryside". The establishment of any institution requires a certain restraint mechanism.

 

Yunnan Province has designated a special manager for the special funds for environmental public interest litigation and set up a special account, which can effectively avoid confusion with other funds, achieve dedicated funds, independent management, and more efficient approval. Moreover, environmental issues cannot avoid cross-regional issues. Independent management of this fund is more conducive to actual operations. The author believes that the fund management committee should be established, and the government, as the main administrative organ, should assume the role of cooperation. As an emerging "investor", corporate donors should have a seat on the management board. Only in this way can business managers know where and how to spend money and improve the transparency of funds. At the same time, business managers in the process of participating in the management, but also to see their own potential dangers, so as to lead by example, to avoid environmental damage. The membership and institutions of the Management Committee shall be consulted by donors, sponsors and foundations. Fund management requires the establishment of a sound system of fund raising, use and supervision.

 

The fund manager is fully responsible for the operation of the fund and reports regularly. In addition to having higher education knowledge and extensive knowledge, the person in charge can also have achievements in environmental science and law, rich practical experience and ability. Under the leadership of the fund manager, the fund raising department, the environmental public interest litigation audit department, the legal department, the finance department, the propaganda department and the logistics department have been established.

The fund should be open to the public, increase the transparency of its operation, accept public supervision and criticism, operate under the norms of the law, increase public trust in the law, and promote the growth of China's environmental judicial protection work.

 

Use of (III) funds

 

The use of funds is an important part of environmental public interest litigation. The funds of environmental public interest litigation are mainly used for the expenses required by environmental public interest litigants to file lawsuits; repair the ecological environment; publicize environmental public interest litigation and guide the formation of people's awareness of rights protection.

 

The use of environmental public interest litigation funds should meet certain conditions, which requires the management committee to formulate detailed evaluation standards for the use of qualifications. User qualifications are reviewed on the basis of compliance with standards to prevent abuse, abuse and deception. The materials must be signed and a legally qualified witness must be present. Inform users of the legal consequences of misuse of the fund. If the parties are found to have committed fraud, they shall be investigated for criminal responsibility in accordance with the law.

 

The Yunnan Interim Measures clearly stipulate the use of the fund, which is mainly used to support plaintiffs who sue, funds needed to repair the environment, and victims who have no enforceable property. The Measures also set limits on the use of funds in the Fund. The amount of relief shall not exceed 200000 yuan, and the one-time subsidy for infringement shall not exceed 20000 yuan. The funds required for environmental restoration shall be executed in accordance with the judgment. Therefore, the author believes that the use of the fund should be strictly examined, the use of funds should be limited, and there should be no unlimited application, so as to avoid abuse. In the use of the fund, if the defendant loses the lawsuit, he shall bear the funds required for compensation and future repairs, as well as the plaintiff's expenses in the litigation process. This provision is legally recognized in most countries. Assuming that the foundation has already paid, the final payment should be made up to the fund. If the plaintiff loses the case, all expenses will be borne by the foundation, and the fund management committee will specifically review and pay. In addition to paying the plaintiff's fees, the publicity part of the fund should also allocate part of the fund to publicize the support mechanism and incentive mechanism of environmental public interest litigation, so as to reduce the burden and concerns of the public on environmental public interest litigation.

 

With the support of the Environmental Public Interest Litigation Fund, we can inspire everyone to take the initiative to protect the earth's home through legal means. "Everyone is responsible for the rise and fall of the world." In a modern society under the rule of law, as a qualified citizen facing illegal and unfair things, legal procedures should be used to solve problems.

 

Supervision of (IV) funds

 

The system needs a complete operation mode to operate the system effectively. The system requires a full operating mode to operate within the system. In order to operate the environmental public interest litigation fund system effectively, a relatively perfect supervision system must be established. From the perspective of fund sources, funds are mainly state grants, corporate donations, donations from non-public welfare organizations, compensation, etc. These funds are all used for environmental public interest litigation, so they must be transparent. Only by letting investors know where and how to use the money and make the best use of it, can more forces put their money into the fund with confidence. Therefore, it is necessary to conduct a comprehensive supervision of the operation of funds. To supervise the operation of funds, it is necessary to clarify the subject, method and content of supervision.

 

Who is the main body of supervision to supervise, the author believes that the supervision of funds is divided into internal supervision and external supervision of two parts. Internal oversight is the establishment of a special oversight team within the Fund to oversee matters and to develop an oversight system in accordance with national laws and internal management systems. The Fund's funding comes mainly from government grants, donations, compensation, etc., so external oversight is equally important. External supervision is carried out by the society, the people and the government, so that the funds can be open, fair and transparent.

 

The way of supervision is how to supervise, and the correct supervision mode is the effective guarantee of capital operation. Combined with foreign practice and China's national conditions, the main source of the fund is government funding, so we should accept the supervision of the financial department and refine the use of funds. The main purpose of the fund is to support environmental public interest litigation and to accept the supervision of the environmental protection department, which should supervise whether the funds of the fund are used for environmental issues. The fund supervision group shall audit the use of funds in accordance with the established supervision system. It should be stipulated that the public can consult the files and financial details of the fund, and have the right to criticize and make suggestions on issues related to the fund, so as to ensure that the public has the right to know and enable the public to participate in supervision and management more effectively.

 

The content of supervision is to manage the entire plan and funds of the fund, mainly people, events and funds. Applicants, approvers, approvers, witnesses and other key participants must also be subject to supervision.

 

Due to the economic development of our country, the problem of environmental damage is prominent. The revision of the "Environmental Protection Law" and the introduction of the "Interpretation" have made people have expectations for environmental public interest litigation, but the transformation of the legal system has not stimulated greater enthusiasm for social organizations. Because the essence of environmental public interest litigation is to fight against high pollution, high consumption and other destructive behaviors for the public interest, rather than for self-interest for welfare, which requires litigants to bear great pressure in terms of money and spirit. In this case, more people are willing to sit back and enjoy the benefits, which greatly reduces the enthusiasm. While we establish an institutionalized environmental public interest litigation fund, we should also consider linking up and cooperating with the environmental public interest litigation liability insurance system, the environmental damage compensation system, and the environmental public interest litigation reward system. In this way, environmental public interest litigation can fundamentally Provide services for resolving environmental disputes.

 

The establishment of the environmental public interest litigation fund system is the product of the combination of practice and theory. The scope of use of funds is clear. Combining advanced foreign experience, we will continue to improve the management system and supervision mechanism to ensure the healthy and long-term development of the fund. Through the above research and analysis, the author hopes to contribute to China's environmental public interest litigation and environmental protection.

 

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