| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 106 === Typical environmental protection measures in the past on focus on reducing pollution. However, it is more important now than ever to focus on preventing pollution. In recent years water, air, soil pollution and other environmental damage has cause global climate change. This climate change has in turn affected aquaculture and agriculture harvests, animal and plant growth/routine, and economic development in nations. Not only people in Taiwan, but across the globe, have felt this large scale environmental damage. The resource waste is counted in term of decades or centuries, and some resources may never be recovered. Thus, the drafting of current environmental protection laws not only have to be based on traditional control and pollution prevention, but must also consider global resource and ecological balance, as well as global environmental variables that are vital to human survival. At the same time, environmental laws must ensure that human economic development and natural habitats can be sustained. This has forced the scope of international environmental protection terms and treaty to expand to the entire globe, as well as environmental agreement and cooperation between nations. For this study, the development of environmental protection legal framework is used to understand the objective of setting up environmental laws. As Taiwan’s economy and society develops, people’s focus on environment related policy and measures has gradually shifted to taking action and realizing environmental protection. In reality, environmental pollution and ecosystem damage shows no sign of subsiding. Although the central government has already set related environmental protection specifications, slow action by competent authorities or poor efficiency on the part of administrative agencies often leads to the environmental protection ideal of legislators going unfulfilled. The disappointed public have continuously used marches and appeals to the government to protest environmental damage caused by improper corporate development, such as overharvesting of trees, soil erosion, ocean pollution, and coral death. The United States was the first to introduce public litigation into the public service litigation system. To maintain environmental public service, any person can use the judiciary to monitor whether administrative agency obligations have been realized. Still, Taiwan’s system is not the same as that in the United States. As to whether the introduction of public litigation system needs to be examined, court judicial practice has already accumulated many case precedence in recent years. For this study, examination and comparison of actual cases are conducted. The author also provided personal opinions in the hopes of making the public litigation system more comprehensive in the future.
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