Legal analysis
The confirmation of the public interest litigation system in China's legislation will certainly open the floodgate for the judicial protection mechanism of public interests and end the long-standing situation in which public interest litigation practice dominates. Moreover, public interest litigation is not an ordinary type of litigation system, and the construction of its litigation mechanism must first clarify and refine some key issues, such as the scope of accepting cases must be clarified in legislation, otherwise, public interest litigation will still be debated in theoretical circles, and judicial practice will be difficult to meet the needs of public interest protection and give full play to the expected effect of the system. Therefore, it is of great significance to confirm the scope of public interest litigation by legislation to promote the institutionalization of public interest litigation. For the people's court as a judge, the scope of accepting cases is the scope of authority to accept cases; For the procuratorial organ as the initiator of public interest litigation, the scope of accepting cases stipulates the scope of the right of judicial organs to file public interest litigation and the scope of protecting public interests; For the defendants in public interest litigation, the scope of accepting cases reflects the boundary of national judicial power to limit and supervise the acts that infringe on the public interests. Therefore, the scope of accepting cases directly determines the starting point and foothold of public interest litigation, which is of great significance for improving public interest litigation procedures.
legal ground
Article 1229 of the Civil Code of People's Republic of China (PRC) * * * If damage is caused to others due to environmental pollution and ecological destruction, the infringer shall bear the tort liability. Article 1230 Where a dispute arises due to environmental pollution or ecological damage, the actor shall bear the burden of proof in case of non-liability or mitigation of liability as stipulated by law, and there is no causal relationship between his behavior and the damage. Article 123 If an infringer violates the law and intentionally pollutes the environment and destroys the ecology, thus causing serious consequences, the infringed person has the right to demand corresponding punitive damages.