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Study On The System Of Environmental Administration Public Litigation

Posted on:2009-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:E D EFull Text:PDF
GTID:2166360245981117Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present, with environmental pollution and ecological destruction increasingly aggravating, the responsibility of protecting environment for human beings is increasingly significant. As the representative of environmental public welfare, the country is endowed with the big power of managing environment, and at the same time, it is supposed to shoulder the great duty of protecting environment. The phenomenon that administrative behaviors infringe environmental public welfare frequently occurs, so that environmental public welfare is not guaranteed effectively. Because of the restriction from basic national conditions, China's environmental administration public litigation has a big gap compared with that of western developed countries. But with economic and social development, the intensification of environmental problems, it is wise to directly face contradictions and actively seek solutions. The development of our current environmental administration public litigation has just started, and many areas are not mature, but it is a general trend that we took advantage of the opportunity to develop it energetically. Only in this way can we truly protect the basic rights of citizens, solve environmental conflicts and promote a better socio-economic development.Beginning with theory and system design two aspects, this article discusses general introduction and rhetorical base about conception of public welfare, public interest legislation at first. Secondly, the litigation and practice about environmental administration public aboard is examined. The article mainly introduce law system associated in US, Japan and other countries and region, and also compare and analyze tem then get some conclusions useful to our country. Again analyze the necessary and feasibility about public welfare lawsuit, mainly from the loss of the public interest litigation and administrative means in administrative public interest two aspects. In the end, the authors propose own thoughts about specific construction system and law-making thinking. Through the above analysis and demonstration, it is hoped that this paper can provides a kind of beneficial thinking and a useful reference for establishing the system of environmental administration public litigation in our country.
Keywords/Search Tags:Public Litigation, Environmental Administration Public Litigation, System Construction, Plaintiff Qualification, Case Scope
PDF Full Text Request
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