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

Posted on:2009-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z TangFull Text:PDF
GTID:2166360248954922Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Along with the development of China's industrialization level,environmental hazards to the public interest accident caused damages.At present,China's theoretical circles abroad is constantly exploring environmental disputes public interest litigation stem with a view to the successful establishment of China's environmental public interest litigation system.Based on this background,according to China's actual conditions in the world from environmental public interest litigation system on the basis of experience,the establishment of China's future environmental public interest litigation system,a concept with a view to contribute.This paper is divided into introduction,the main body of four chapters,the conclusion,and the full text of about 36,000 words.In view of public interest litigation in our environmental legislation is almost a blind spot,the paper environment and the concept of public interest litigation proceeding theoretical basis,in-depth analysis of the environmental public interest litigation system and the establishment of the status based on the comparison of the major domestic and foreign national environmental public interest litigation system legislation,the last of China's proposal of building a system of procedural law,the public interest environmental aspects.Chapter one analyses mainly on the introduction of the Songhua River pollution incident,three Peking University Law School professor,and three graduate students to the Heilongjiang Provincial Higher People's Court against the domestic first locust fish gills to the natural world,and the Songhua River,Sun Island as a co-plaintiff environment civil Community litigation,refused to file encountered by the incident reflected a lack of public interest litigation environment issues.Chapter two analyses the Public Interest Litigation system environment some of the basic and important question of how to include the concept of public interest litigation environment,characteristics,type,and public interest litigation such as the theoretical basis.Chapter three analyses comparative analysis methods,the analysis of the environmental public interest litigation all the basic elements of the system requirements.Mainly the United States,India,Japan and Germany,the environmental public interest litigation system described is for the purpose of the text after the establishment of environmental public interest litigation system to pave the way to practice.Chapter Four analyses the establishment of China's environmental public interest litigation system's basic idea.This paper mainly on environmental public interest litigation in the allocation of the burden of proof,bear the cost of litigation, litigation,as well as the determination of timeliness and content of decisions on issues such as the implementation of demonstration.This is part of the focus of the article.The conclusions of the paper,the author summarizes the views of the academic paper,I also hope that it can be value for the future policy formulation of this system.
Keywords/Search Tags:Public Interest Litigation, Environment Litigation, Environment Public Interest Litigation
PDF Full Text Request
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