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Empirical Research On Barriers And Solutions Of Environmental Public Interest Litigation Of China

Posted on:2011-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2166330332466552Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Environmental Public Interest Litigation is an important way to resolve environmental public interest disputes and protect environment. Affected by traditional theory of right of action and the theory of accuser compatibility, environmental public interest litigation in China adopts the principle of direct interest, in addition to cases of environmental public interest litigation in which lawsuits firstly are brought by plaintiff, which results in judicial unprotection of environmental public interest. Howover, the normative documents and cases of environmental public interest litigation appeared in legal practices of China, although they are one-or-two appeared. By carefully examining and reviewing these documents and cases, we can discover many problems existed in legal practices of environmental public interest litigation in China, and those problems must be solved to push forward legislation of environmental public interest litigation in China. Three parts are divided in the dissertation:The first part is involved with current situation and main problems of environmental public interest litigation in China. Firstly, the paper cleared the legislative condition of China's environmental public interest litigation in terms of basic laws, administrative regulations, policies and documents of the Supreme People's Court. Secondly, by gathering and reviewing cases of environmental public interest litigation, local practice of document, set-up of environmental court, typical cases of enviromental public interest litigation are analyzed in light of claims of plantiff, classification of plantiff, judicial procedures, basics of judgement, settlement of claims and accountability model. And lastly, by reviewing legal basis, plantiff's status, requirement of filing a lawsuit, elements of accountability and causation, it uncovered the main problems existed in environmental public interest litigation of China.The main reasons and impediments concerning environmental public interest litigation of China are analyzed in the second part. Firstly, traditional theories on right of action and theory of parties handicap plantiff from environmental public interest litigation. Secondly, after analyaing the relationship between environmental public interest litigation and environmental law-enforcement, it discloses the confused ties between the two remedies to environmental proceedings. Thirdly, it clarified that different models of accountability are apllicable to different elements of accountability, ponited out that accountability model of environmental public interest litigation in China's legislation are not clear, and few theories are involved in those subjects.Several suggestions on how to clear the obstacles to environmental public interest litigation are raised in the last part. Firstly, U.S system of environmental public interest litigation is disscussed. Cases on environmental public interest litigation in the USA are studied in terms of qulified plantiff, scope of defendant and claim, ristrivtions to citizen environmental litigation, types of judgement and special rules on burden of litigation fees. Secondly,it analyzed the different mechanisms of different types of environmental proceedings launched by public prosecution organs, environmental administrative authorities, resouce administrative bodies, civil societies and citizens respectively. Then, it suggested that China needs to set up a legal system in which public prosecution organs and environmental administrative authorities are the main bodies to raise a environmental public interest litigation, whereas civil societies and citizens are advocated to engage in public interest litigation. It is necessary to classify the tpyes of environmental proceedings and its plantiffs. It is better to set up the environmental law-enforcement proceedings as the procondition of environmental public interest litigation. However, there are some exceptions. For example, if standard omission still damaged the environmental public interests, then the damaged party enjoy the right to action. In the end, this dissertation discussed the substantive issues of environmental public interest litigation, and held the standpoint that elements of administrative responsibility of environmental public interest litigation are the same as the elements of administrative responsibility of other environmental proceedings, whereas the elements of accountability concerning stopping the infringement, removal of obstacles and removal of hazard, are also similar with other environmental proceedings. it is better for compensation liability to adopt no-fault principle in the field of environmental public interest litigation, while burden of proof is based on classification of plantiff and causation.
Keywords/Search Tags:Environmental Public Interest Litigation, Accuser Compatibility, Environmental Law-enforcement, Public Environmental Responsibility
PDF Full Text Request
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