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Research On The Qualification Of Environmental Administrative Public Interest Litigation Subject

Posted on:2024-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:X WeiFull Text:PDF
GTID:2531307145986079Subject:legal
Abstract/Summary:PDF Full Text Request
The rapid growth of China’s economy has not only brought about an increasingly fulfilling material life,but also advanced scientific development concepts.At present,China has transformed its concept of economic development and actively engaged in green development.The era of ecological civilization has arrived,and the problem of ecological environmental pollution has also been exposed.The protection and repair of the ecological environment is the core content of the entire ecological civilization.The rule of law in the environment is the basic guarantee for the construction of ecological civilization,and environmental public interest litigation is the fundamental adherence to the rule of law in the environment.With the continuous deepening of the people’s concept of the rule of law,the awareness of the rule of law and the concept of safeguarding rights in environmental protection are subtly ingrained in people’s hearts,and the power of social organizations to protect the environment is gradually becoming stronger and cannot be underestimated.Although the establishment of only procuratorial organs in China can initiate environmental administrative public interest litigation has prevented the occurrence of excessive litigation,it seems to have also limited the development of environmental administrative public interest litigation.Environmental public interest litigation only showed a surge in the early stages of the system’s launch,but it has continued to deteriorate.To this day,public interest litigation has instead shown a trend of "prioritizing the people over the actions".This article conducts research on the qualifications of environmental administrative public interest litigation subjects,mainly divided into the following parts: The first part mainly elaborates on the current status of the qualifications of environmental administrative public interest litigation subjects in China by exploring the published legal provisions and relevant cases,evaluates the qualifications of a single subject,and analyzes the current situation of a single subject filing environmental public interest litigation.The second part analyzes the reasons for the difficulties faced by the subject of environmental administrative public interest litigation.The third part explores the feasibility of multiple subjects initiating environmental administrative public welfare,and endowing social organizations and individuals with litigation subject qualifications has many advantages.At the same time,it analyzes environmental rights theory,public trust theory,and public participation theory to provide corresponding theoretical basis for endowing multiple subject qualifications.At the same time,by analyzing cases in the United States,Japan,and Germany,it draws on advanced concepts and practical experience from abroad.The fourth part regulates the qualifications of multiple subjects,clarifies the identity of subject qualifications,and improves the litigation mechanism by optimizing the supporting system of procuratorial organs,scientifically arranging litigation order,and improving the pre litigation procedures.This article will explore the granting of the qualification of multiple subjects to initiate environmental administrative public interest litigation from three aspects: analyzing theoretical foundations,drawing on practical experience,and based on their own current situation.Suggestions will be made for relaxing the scope of environmental litigation from only procuratorial organs to procuratorial organs,social entities,and individual citizens.It is hoped that this can help promote the development of China’s environmental protection cause and the promotion of environmental rule of law.
Keywords/Search Tags:Diverse Subject, Qualifications, Environmental Administrative Public Interest itigation
PDF Full Text Request
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