중국의 환경공익소송과 환경보호법정

China's Environmental Public Interest Litigation and Environmental Protection Tribunal 

In China, serious environmental problems, improving of environmental awareness and growing of environmental rights proposition prompted the introduction of environmental public interest litigation and it has become a means of environmental rights relief. And by modifying the law, environmental public interest litigation is clear, by establishing environmental courts to hear environmental cases, environmental public interest litigation is tending to judicial specialization. Legal basis related to environmental public interest litigation is “Civil Law” Article 55, “Environmental Protection Law” Article 58. The above‐mentioned laws provide but don’t relax plaintiff qualification of environmental public interest litigation, only environmental groups have restrictive plaintiff qualification, it s not conducive to protecting the environment and relieving environmental rights. In addition, environmental courts set up across the country don’t have a unified standard, the local set up environmental courts just according to local needs, mostly located in the Primary Court, it is not conducive to solving environmental disputes. It is necessary to design environmental courts from the perspective of the Supreme Court, to regulate environmental court to hear environmental cases and resolve environmental disputes, to achieve the purpose of protecting the environment.