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China Environmental Public Interest Litigation Building

Posted on:2011-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q L LouFull Text:PDF
GTID:2166330338488654Subject:Law
Abstract/Summary:PDF Full Text Request
Society is developing , human being is progressing, human being has also brought about the social problem environmental pollution not admitting ignoring while creating hitherto unknown economic growth. The economy developing at top speed brings to human being material benefits at the same time be that large stretches of forests is felled , Lin Tian is destroyed, the ocean quilt contaminates river. Our living environment is suffering merciless be trampled on in course of. Environment problem already becomes the social problem not admitting ignoring. Come the government to improve our living environment also in appearing personally unceasingly relevance policy. But still feel more than willing but lacking the power to. The tradition administrative means already can not satisfy people to environment rights and interests go after , wait for resolving this kind problem coming new effective means therefore urgently. Civil environment public good legal action becomes the topic of conversation that we discuss also right away. But, our country does not build civil environment public good legal action system at present. There have is fairly good development in the Western countries already on civil environment public good legal action. Since the tradition lawsuit system already can not satisfy civil environment public good legal action need,the civil rights and interests bringing about a lot of victim the main body therefore can not get timely relief. It's limitation is embodied in restriction on legal action main body qualification , the legal costs assignment mainly, law case waits the bottleneck restricting civil environment public good legal action development for a while on the assignment administering , these all become.Therefore the main body of a book origin moving towards civil environment public good legal action, as well as abroad present situation waits a minute compose have expounded , have suggested that our country builds civil environment public good legal action feasibility and necessity , how public good legal action builds build as well as our country environment is civil and on bases being a contrast in two fundamental laws. The main body of a book five together mark of major part: Part I , brief analytical civil environment public good legal action origin concept. Part II, has discussed necessity and feasibility building civil environment public good legal action in our country. Part III is that abroad relevance legal system current situation and comparison are analytical. Priority has analysed German group legal action and American citizen legal action system. Part IV , the difficult position that our country there exists in at present in connection with civil environment public good legal action. The main body of a book five together mark of major part: Part I , brief analytical civil environment public good legal action origin concept. Part II , the final part of theory are also the main body of a book priority , are what civil environment public good legal action system our country should build. How to be structuring civil our country environment public good legal action this part, the author has brought forward self viewpoint has been to break tradition restriction on the qualification charging the main body , to give to the citizen , the procuratorial organ as well as nongovernmental organization all enjoys right of prosecution. On the legal costs sharing responsibility, the subject acts as an author with different charging being completely not same assigning principle. In the nowadays civil our country building-up environment public good legal action opportunity is already mature , society is calling new legal system to come to defend their lawful rights and interests. Civil environment public good legal action system building-up will will be much better pushing forward the course managing state affairs according to law , will promote society harmony more well.
Keywords/Search Tags:Public Interest Litigation, Environmentaltort, Eubject Of Litigation
PDF Full Text Request
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