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View On The Environmental Citizen Suits Of USA

Posted on:2007-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:C A SunFull Text:PDF
GTID:2166360185990828Subject:International Law
Abstract/Summary:PDF Full Text Request
According to the traditional law theory , it is the responsibility of the government to protect the social public welfare . Private citizen has no right to involve the issue which harm to public welfare. The court should deal with the disputes between the private parties but should not involve in the disputes related public interests. As the human beings enter to the modern society which is full of various benefits. Only the government itself can not deal wih all the complicated and various benefits properly and smoothly . It has become the reality that the government grants any person the right to file the lawsuit for the harm to the public welfare .Environmental citizen suit is the realization of this idea in environmental field. This article researches this system and the related questions in order to enlighten our country's environmental protection systems.Environmental citizen suit originated from environment public welfare lawsuit of USA. Environmental citizen lawsuit is an important way of implementing the environment law by ordinary persons. The citizen suit is such a system that the public through the judicial way involve in administration process. Adding the power of judicial system enables the citizen suit to have the special status.It has become the most powerful form of the public's participation .The essence of environmental citizen suit is: In order to protect the environment and implement the environment law ,any person can seek the legal relief although he may not have the substantive relationship with the case. The environmental citizen suit provision grants any person the right to sue to the court when enterprises violate the legal environmental protection duty or when the environment protection department can not supervise effectively. On the one hand, as a result of this lawsuit...
Keywords/Search Tags:environmental citizen suit, USA, public interest action
PDF Full Text Request
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