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Construction Of Commenting On Our Country Environment Public Good Legal Action System

Posted on:2008-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:L TongFull Text:PDF
GTID:2166360215953056Subject:Law
Abstract/Summary:PDF Full Text Request
At present, our country pays much attention to the environmental protection, during the economical fast development, although the country extremely takes to the environmental protection work, when environment pollution and ecology destroy still occurs, people's environment rights will be interested the serious threat. The public interest-action lawsuit gradually becomes a judicial hot spot topic, along with the widespread society and causes which some direct relations national interests and the environment public interest case appearance pays attention, established the environment public interest-action lawsuit system already tube imminent.This article has discussed four aspects ,which is the origin of public interest-action lawsuit, the concept,characteristic of environmental public interest-action,the developing situation for the mechanism of environmental public interest-action ,as well as the basis of our country establishes the environment public interest-action lawsuit system which constructs this system several ponders.The first part mainly elaborated the origin of public interest-action lawsuit and the concept,characteristic of environmental public interest-action.The public interest-action origins from ancient Rome, is concept which corresponds with private interest-action the lawsuit. At that time, the public interest-action lawsuit was refers to the harm society public interest behavior, has the special regulation, all residents are authorized to file the lawsuit besides the law ; Therefore, the mainly reason is the state institution of Rome not have the sanity one at that time, only depended upon the state agency, official's strength maintains the public interest is by far insufficient, that is why citizen was authorized the resident to represent the social direct prosecution, recovered its insufficiency.The environment public interests-action lawsuit refers to the members of different social classes, including the citizen, business unit, the social group rests on legal the special regulation, receives under the situation in the environment under the possible situation, receives pollutes and destroys, for maintains the environment public interest not to receive harms, but files the lawsuit in view of the related civil main body or the administrative organ to the court .Compares with the traditional lawsuit type below; the environment public interests-action lawsuit has the characteristic: First, the environment public interests-action lawsuit has the public interests-action goal, is for the purpose of protecting the environment the public interest, but is not for the document relief. Second, the environment public welfare lawsuit has relaxed plaintiff's prosecution qualifications. Third, the environment public interests-action lawsuit defendant already may be the general civil main body, also maybe the country administrative organ and it's the official. Fourth, the environment public interests-action lawsuit function has the obvious prevention nature, simultaneously concurrently recovery function. Fifth, the state intervention ingredient enhances obviously in public interests-action lawsuit each stage.The second part mainly elaborated the development situation in the domestic and foreign environment public interests-action lawsuit system.The public welfare lawsuit lacks the theoretically powerful support in our country. In the our country present three big procedural laws, it is only clearly about the public interests-action lawsuit aims at the harmful national interest, the social benefit criminality, the legal authorization procurator agency to be appointed the court to file the criminal prosecution. In addition, legislates not about the public welfare lawsuit trace, is unable to harm the public interests-action the behavior to carry on the law to investigate. The public interests-action lawsuit also faces to the practice are being awkward. Mainly displays in: firstly, the lawsuit condition to be strict. Secondly, sues the legal cost to gather excessively high. Finally, the suitable rate of simple procedure to be low.The USA was the country which the modern environment public interests-action lawsuit system quite perfect country, the environment law in USA has already forms set of complete systems about the public interests-action lawsuit, the citizen filed the lawsuit not only to have the law to depend on, moreover had the evidence to lift, has the standard to look up. Since the 20th century70's, India's environment administration public interests-action lawsuit unceasingly has consummated, at present has been in the various countries' environment administration public interests-action lawsuit the leading status. In Japan, the public interests-action lawsuit is called the populace lawsuit, the Japanese populace lawsuit plaintiff may be taxpayer, also may be one of voter or other public which the benefit comes under the universal influence.The third part mainly elaborated the theory and reality basis for establishing the environment public interests-action lawsuit in our country.Theory basis including following several points: Firstly, in legal principle theory of law transformation. Secondly, environment power establishment. Thirdly, the procedural law development has provided the precondition for the environment public interests-action lawsuit system establishment. Finally, the environment law profit particularity also requests the establishment environment public interests-action sues the system.The reality basis divides into two parts, that is, the establishment environment public interests-action lawsuit system the necessity and possible. The necessity which is the solution environment question the serious and insufficiency of two contradictory need the administrative protection. Two, the diamonding of the solution present environment lawsuit system. There maintains the social stability need. Four, safeguards environment laws and regulations implementation need. Five, realizes public environment power inevitably request. Six, maintains the environment fairly with to promote the sustainable development inevitably request. Seven, practice responsible government and legal system government idea need. Eight, consummates lawsuit system urgent need. On the contrary, the possibility is our country democracy and the legal system development, the consummation has provided the possibility for this system implementation. Second, the citizen environment law consciousness enhancement for established the environment public welfare lawsuit to provide the populace the foundation. Third, the lawsuit power theory development has provided the theory basis for the environment citizen lawsuit.The fourth part mainly elaborated about has constructed our country environment public interests-action lawsuit system several ponder.First, they should expand the prosecution the qualifications, in order to enable the environment public interests-action lawsuit to have may sue the nature, Second, opens up the environment public interests-action lawsuit the document scope; Third, explicitly stipulated the lawsuit expense undertakes and prevented the right of suit abuses; Fourth, consummates judicial relief mechanism; Fifth, the rational distribution presents evidence the responsibility; Sixth, determines the new compensation principle and the compensation scope; Seventh, establishes the special environment court.
Keywords/Search Tags:Construction
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