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Research On The System Of The Environmental Administration Litigation For Public Welfare

Posted on:2007-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhuFull Text:PDF
GTID:2166360182473272Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Now, the lawsuit of the administration claims that the plaintiff must have directformidable relations with the case. Thus, when the administration departmentdamages the environment public interest, the public could not prosecute to protectthe environment public interest. The lost of the plaintiff qualifications causes thatnobody have the right to court. The purpose of the article lies in setting a newlawsuit system,environmental administration litigation for public welfare,in orderto remedy the insufficiency of the administrative proceedings in protecting theenvironment public interest.The article embarks from the final way of the public interest realization—actionspublicae populares, draws out environmental litigation for public welfare ,environmental administration litigation for public welfare and has discussed thebasic theories of it. Through the study of the developed country′s legislation andthe judicial practice , proposes establishing environmental administration litigationfor public welfare lawsuit system in our country , and also give some certainresponses to the doubts . From the aspects of control of power,administrativerelative person,right of suit,the author emphasizes the adapts and adjusts that thelawsuit system will bring out.In the end of the article , the author raises some plansabout existing the lawsuit system ,including the trend,the plaintiff,the extraprocedurean and so on ,and discusses the system of the plaintiff.The learning way of the article is not solve all the problems that the lawsuitsystem will meet while existing , it mainly discusses the theories.Certainly theauthor also raises some feasible explorations . Considering the basis of theneed of protecting environment public interest, it will be a trend toestablish the system of environmental administration litigation for publicwelfare in our country.
Keywords/Search Tags:Environmental administration litigation for public welfare, public trust, control of power, Administrative relative person
PDF Full Text Request
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