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Environmental Civil Lawsuit Of Public Welfare

Posted on:2006-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhouFull Text:PDF
GTID:2166360182467998Subject:Law
Abstract/Summary:PDF Full Text Request
With the increasing in cases of environment the defects of the traditional accusation system has become visible. To offer strong guarantee for social public welfare, how to solve the environment dispute of public welfare have become a challenge that can not be avoided. The appearance of the environmental civil lawsuit of public welfare is not only a break-through on procedural law which is absorbed in protecting private benefits, but also superior to the traditional civil law system. This passage have analyzed reasonably the tradition civil lawsuit of our country in mediating the obstacle on the environment dispute of public welfare, in order to pursue the route option."Preface explains the meaning of the topic for research, the scope of study, train of thought and the methods of this thesis.Chapter 1: It will be helpful for judges to settle dispute and to protect rights through researching the character of this kind of cases. At the aim of monocracy, restriction of power and protecting environment and people's environment right, some countries have broadened the limits of right to sue on environmental and resources civil suit to different extent from the aspect of applied bound of actual harm, bound of judicial review, right to sue of people who has no direct interest relations with the case. Chinese environment and resources protection legal system must be met with the demand. So it is necessary for China to use for reference foreign successful experience. Based on the situation of own country, the legislative limitation of right on environment and resources' civil suit should be repaired, and right to sue on environmental and resources' civil suit should be broadened step by step.Chapter 2: Under most circumstances, Environmental Right is still a vague term. As a kind of legal right, it is until today expressed as Mankind's environmental right in Constitutional laws, domestic and international law Sociality is the essential characteristic of environmental law, which means that environmental law regulates the public economic administration and pursues the top goal of social public interest. Environmental right has the character of public good and social, its realizationwill be influenced by behavior of government's administration. Citizen's environmental right is the topic that scholars of environmental law have been studying for a long time, but they still disagree to the concept and substance of citizen's environmental right.Chapter 3: This paper points out that the concept should be defined on the basis of the essential of this special kind of right, and of the favor for the full play of its function and value. This paper considers that citizen's environmental right is the right of the ecological condition of living environment that citizen should enjoy. It is the core of the right system of environmental law. With the increasing in cases of environment, the defects of the traditional accusation system has become vi sible. It will be helpful for judges to settle dispute and to protect party's rights through researching the character of this kind of cases . This paper discusses about some issues about environment infringement cases. Such as definition of litigant party and ground and limits on claim rules of evidence and time limit of the case.Chapter 4: This means that any citizen? social group and state organ can file a lawsuit to judicial organs in their own name, if it is in the public interest. But China's current procedure laws on environment stipulate that only the direct victims have the right to file civil lawsuits. So judicial organs should gradually enlarge the scope of their environment procedures so as to increase the punishment meted out to those who contribute to environmental pollution and ecological sabotage. The scope should expand from direct victims to government environmental protection departments, other qualified professional environmental organizations and then to the public, including the public's increasing demand of environmental rights into standard management.
Keywords/Search Tags:Environmental Civil Lawsuit of Public Welfare, Environmental rights, Masses environmental rights, Environment infringement
PDF Full Text Request
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