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Empirical Study On Environmental Protection Organizations Filing Civil Public Interest Litigation

Posted on:2021-04-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y H PengFull Text:PDF
GTID:1486306122480064Subject:Science of Law
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Building a modern environmental governance system is the latest measure to realize the transformation of environmental governance and build a "beautiful China".Civil public interest litigation by environmental protection organizations is not only a legal way for the public to participate in environmental governance,but also an important part of modern environmental governance system.Since China's civil procedure law revised in 2012,environmental protection law revised in 2014,civil procedure law revised again in 2017 and relevant judicial interpretations have given environmental protection organizations the right to file civil public interest litigation,environmental protection organizations have actively used litigation means to protect environmental and social public interests,made remarkable achievements,and received widespread attention and support.However,China's environmental public interest litigation system has not been established for a long time,and environmental protection organizations are still in a r apid development stage.Environmental protection organizations still face many problems in the practice of civil public interest litigation,which restricts the function.In view of this,it is helpful to enrich the theoretical system of environmental publ ic interest litigation and promote the development of environmental public interest litigation practice,so as to realize the goal of environmental governance modernization.Based on the empirical analysis of 321 cases of civil public interest litigation filed by environmental protection organizations,we find that:(1)affected by the introduction of legislation and judicial interpretation,the number of civil public interest litigation filed by environmental protection organizations has increased year by year,and gradually stabilized,but the total amount is relatively small;(2)after local practice and exploration,civil public interest litigation filed by environmental protection organizations has been promoted nationwide,except for Tibet All provinces,cities and autonomous regions have filed cases,showing the characteristics of unbalanced regional distribution;(3)national environmental protection organizations are the main force to file civil public interest litigation,at the same time,more and more local environmental protection organizations are constantly joining in,forming a cooperative relationship;(4)enterprise legal persons are the main defendants,mostly from biochemical industry,machinery,food and drug,sewage treatment,livestock breeding,tourism,hydropower development and other industries that are easy to cause environmental pollution and ecological damage,and the characteristics of "old case re litigation" are obvious;(5)the scope of cases is expanding,environmental pollution and ecological damage cause environmental public welfare damage is the main cause of action,and the number of preventive environmental public welfare litigation cases is increasing;(6)from the perspective of supporting prosecution units,procuratoria l organs,environmental protection organizations and Environmental protection,forestry,land and resources departments all provide support for environmental protection organizations to file civil public interest litigation,among which,procuratorial orga ns support more lawsuits;(7)environmental protection organizations file civil public interest litigation cases in the form of reconciliation / mediation,which helps to ease the tension between the parties,and then solve environmental problems in a more flexible and practical way,so as to shorten the litigation time And save judicial resources.In practice,environmental protection organizations still face many practical difficulties in bringing civil public interest litigation.Combined with the case b ased empirical analysis and the social survey data of 161 environmental protection organizations,we can find that these difficulties are mainly reflected in the following five aspects: first,it is difficult for environmental protection organizations to f ile and collect environmental civil public interest litigation,mainly due to the strict qualification restriction of environmental protection organizations' plaintiffs,the lack of motivation for courts and judges to accept environmental civil public inte rest litigation,and the investigation and evidence collection Secondly,the connection with the system of compensation for ecological environment damage is not smooth,and there is no clear regulation on the connection between the civil public interest litigation initiated by environmental protection organizations and the consultation and litigation of compensation for ecological environment damage;thirdly,from the perspective of the situation of environmental protection organizations themselves,the willingness to initiate civil public interest litigation is not high,the ability is insufficient,the funds are insufficient and the independence is insufficient;fourthly,the participation and support of multiple subjects are insufficient It also needs to be strengthened,which is reflected in the poor effect of supporting prosecution practice,the lack of protection of lawyers' participation in public interest litigation,the lack of cooperation between peer organizations and the low enthusiasm of the publ ic participation;fifthly,there are insufficient execution motivation of the executive body,irregular management of ecological environment restoration funds and the lack of implementation linkage mechanism in the implementation stage of environmental protection organizations' civil public interest litigation.The existence of these dilemmas restricts the function of environmental protection organizations to file civil public interest litigation.It is a systematic project to improve the path for environme ntal protection organizations to file civil public interest litigation,which needs to be considered from the perspective of concept,system,mechanism and other aspects as a whole,to create a public interest litigation pattern of rational guidance of the government,active social support and conscious,voluntary and self-discipline participation of environmental protection organizations.Specifically,efforts should be made to ensure the filing and evidence collection of civil public interest litigation f iled by environmental protection organizations,straighten out the relationship between civil public interest litigation filed by environmental protection organizations and ecological environment damage compensation system,improve the litigation will and ability of environmental protection organizations,stimulate the participation enthusiasm of government and social forces,and improve the enforcement system of environmental civil public interest litigation cases,so as to improve the environmental protection system The function of civil public interest litigation initiated by the insurance organization can be brought into full play and the modern environmental governance system can be improved continuously.
Keywords/Search Tags:Modern environmental governance system, civil public interest litigation, environmental protection organization, plaintiff qualifications, empirical study
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