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Study On The Legal Issues Of NGO's Participation Of Environmental Public Interest Litigation In China

Posted on:2010-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2166360275953895Subject:Environment and Resources Protection Law
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The environment,as the public property,has remarkable exteriority in the market economy,so the regulatory role of the government is necessary.Nowadays,protection for environmental public interest is still in traditional model in China,which takes nation as the body to protect environment.The model that nation is the only body to protect environment is not perfect,because some times nation also does some thing harmful to environment public interest.Hence,it is very significant to establish an environmental public interest litigation system in which multi-parties can take part.The most efficient and feasible method to supervise and urge the government to protect the environment is to endow NGOs with plaintiff status in the environment public interest litigation.The Environmental Protection NGO has the Characteristic of public interest.It should have plaintiff qualifications in the environment public interest litigation,which is proved by foreign countries.It signifies a great necessity,for it can impel the government to fulfill its responsibility on protecting the social environment benefit,and to build a democracy country.Under this background,how to endow NGOs with standing in the environment public interest litigation and how to guarantee and control their legal right are vital theoretical questions which need resolve.This dissertation is intended to make a primary research which arise more deep study on "NGO's Participation of Environmental Public Interest Litigation".This article studies that how the environmental protection NGO takes part in the environment public interest litigation in our country.The article is divided into four parts.The first part is about the environmental public interest litigation system and its current situation in China.In this part,it introduces the definition,the characteristics and the current situation of the environmental public interest litigation.The second part introduces the definition and the characteristics of the environmental protection NGO. In addition,this part introduces the theoretical foundations and the significance of the environmental protection NGO's participation of environmental public interest litigation.The third part introduces the NGO's foreign and domestic legal practice in the environment public interest litigation,especially in the system of Anglo-American law and the system of civil law,and finding the same spots and the differences which we can learn from.The fourth part analyzes the problems which occurred in the practice in China,and puts forward with some practical advices.The writer wants to make some helpful advices for establishing environmental public interest litigation system in China.
Keywords/Search Tags:Environmental Protection NGO, Environmental Public Interest Litigation, Qualifications of the Plaintiff
PDF Full Text Request
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