Font Size: a A A

A Study On China's Environmental Civil Litigation For The Public Interest System

Posted on:2007-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2166360185457902Subject:Law
Abstract/Summary:PDF Full Text Request
It is environment that the human beings base the living on. With the evolution of history, the improvement of productivity, the development of economy, the human beings have turned the environment from bad to worse while all kinds of pollutions become increasingly harmful to human beings'health. Threatened by the severe reality, we have realized that the strengthening of environmental protection is a must for the sustainable development of all humanity. Since a great deal of environmental pollutions and damages do not directly cause the loss of personae, the law created on the ground of conventional civil litigation theory fails to function as effective binding and sanction against these harmful behaviors to environment. Therefore, in some of the developed countries the system of environmental civil litigation for the public interest has come into existence and gradually improved. However, at present administrative means are mainly adopted to solve similar issues in our country, and plenty of environmental litigations for the public interests have been rejected by the courts because of the conventional rule of"directly interested persons". It seems to be unreasonable that in the current law system of our country the environmental litigation for the public interest has not been introduced yet, not to mention the environmental civil litigation for the public interest.Administrative means with their inborn limitations and the traditional civil legislations are not in the position to protect the environment as a public interest. We need to pay sufficient attention as to efficiently maneuver our country's justice resource and to form a firm shield of law against damage on the environment as a public interest. It is emphasized in this thesis that the system of environmental civil litigation for the public interest should be set up in our country to meet the necessity for environmental remedy at law. Comparative analysis has been employed to investigate some other countries'theory and practice on the system of environmental civil litigation for the public interest. Through practical analysis this thesis draws the conclusion that it is essential for our country to establish the system of environmental...
Keywords/Search Tags:Environmental
PDF Full Text Request
Related items