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The Study On Plaintiff's Qualification In Environmental Tort Litigation

Posted on:2009-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:A Z YangFull Text:PDF
GTID:2166360272483999Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With regard to environmental tort litigation,China has always implemented strict regulations governing plaintiff's qualification.To some extent,this can avoid misuse of litigation,but it's not for the best of disputes resolution.Nowadays,plaintiff's qualification is a hot issue worthy of further study.This article will start with distinguishing environmental tort litigation from the traditional litigation,and then defining the concept of "plaintiff's qualification".After making these basic concepts clear,I will have in-depth study of China's legislation and judicial practice in tort litigation, and come to conclude that we should expand plaintiff's qualification for the better disputes resolution.Meanwhile,the best practices of Japan and America in this filed will also be my focus,from which I intend to learn the meaningful experience and get an overview of the general trend.According to the research results mentioned above,I will come to the conclusion that it's feasible and necessary to expand plaintiff's qualification,in this final section,I will also make policy and legislation recommendations,which are attempted to benefit future developments.
Keywords/Search Tags:environmental tort litigation, environmental violations, plaintiff's qualification
PDF Full Text Request
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