Environmental public interest litigation

Environmental public interest litigation, that is, public interest litigation related to environmental protection, refers to the litigation that the law allows other legal persons, natural persons or social organizations to bring to the people's court to safeguard the public interest when the environmental public interest is infringed or about to be infringed by the illegal acts or omissions of natural persons, legal persons or other organizations.

The interests of environmental public interest litigation belong to the society, and the litigation cost should be borne by the society. Therefore, the plaintiff can delay the payment of legal fees when suing. If the plaintiff loses the case, he shall be exempted from paying legal fees. If the defendant loses the case, the judgment shall be borne by the defendant.

Environmental public interest litigation refers to litigation activities to protect public environmental rights and other related rights, and also refers to "environmental private interest litigation" to protect individual environmental rights and related rights. Legal conditions of environmental public interest litigation

Environmental public interest litigation is an important weapon to protect the environment. According to China's current legal system, the prosecutor should have a direct interest in the case, while public interest litigation does not require a direct interest, nor does it require the prosecutor to be a legal party.

Environmental public interest litigation refers to the system that members of society, including citizens, enterprises, institutions and social organizations, bring a lawsuit to the court against the relevant civil subjects or administrative organs in accordance with the special provisions of the law in order to safeguard environmental interests when the environment is polluted or may be destroyed. Practice has proved that this system has played a very important role in protecting the public environment and citizens' environmental rights and interests.

Legal basis: Article 13 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases.

In performing their duties, the people's procuratorate found that it destroyed the ecological environment and resource protection, infringed on the legitimate rights and interests of many consumers in the field of food and drug safety, and infringed on the names, portraits, reputations and honors of heroic martyrs. And intends to file a public interest lawsuit, it shall be announced in accordance with the law, and the announcement period shall be 30 days.

When the announcement expires, if the organs, relevant organizations, heroes and martyrs and other close relatives stipulated by law do not bring a lawsuit, the people's procuratorate may bring a lawsuit to the people's court.