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The Idea Of Public Interests Of The Environmental Public Interest Litigation In Constructing The Harmonious Society

Posted on:2008-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:J FengFull Text:PDF
GTID:2166360275957356Subject:Environmental Resource Protection Act
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At present the situation of environment of our country is extremely austere.The environmental pollution is serious.The public environmental interest of the public of society is unable to obtain the true safeguard. Although present environmental law has been formulated to be a relatively adequate system after hard work in legislation for more than 20 years,but the existing environment law laws and regulations adjustment is unable in the practice effectively to implement,The environment question has not still solved,The person and the nature harmoniously was together turned an ideal.Because Chinese environmental laws are mostly implemented by the authorities in environmental administration and execution,which lacks effective public involvement.The public who are tightly interrelated with environment matters are actually eliminated from the environmental law-enforcing subject.Have brought forward the lofty target structuring harmonious society of socialism among the 16th National Congress of the CPC,and the CPC 16th session of four CCP made has been clear about the definition.The harmonious society is democratic and law-based,fair and just, trustworthy and friendly,full of vigor and vitality,secure and orderly,man and nature are in harmony.The harmonious idea is utilizing to each fields of society research among,entire social each domain all in is trying hard for this goal.The harmonious society isn't a society who doesn't have benefit conflicting. On the contrary,the harmonious society is the one that can resolve the conflict of interests and from this make the interest balanced on the whole.So,through building a mechanism institution and system of harmon -ious interests,we can make all kinds of interests respected and safeguar -ded in the whole society and promote the proportionality of structure of social interests step by step in order to lay a foundation for building a harmonious society.In order to build a harmonious society where man and nature are in harmony,first we must solve the harmonious and coexistent problems between the interests of authority and the public environmental interest so as to make the limited resources and interests distributed more equally within the whole society and make the structure of the interests equal and safeguard fairness and justice of the society.The harmonious idea to build a socialist harmonious society contains profound spirit of rule of law.The conflict of interests needs a proper, peaceful,unobstructed channel of Lawsuit request and claim,and a fair, just opens,timely and effective balance system.The environmental public interest litigation is one of the important ways to resolve the contradiction between man and nature.The harmonious idea of the harmonious society cover and contains the idea of the public interests of the environmental public interest litigation,the public interest of environment realization is in the harmonious society's essential content.Under the big conditions to build socialist the harmonious society,it is absolutely necessary to establish consummate the environmental public interest litigation and spread the idea of public interests.The main purport of this article is to study the idea of the public interests of the environmental public interest litigation still more systematically under the socialist harmonious society.The first part of this article studies and analyses the harmonious society.It concretely analyzes the idea of harmony and the implication of the harmonious society and the cause of putting forward it and the harmon -ious present condition of the society of our country.It is thus clear that the harmony between the harmonious society and the natural conditions is interdependent and cannot be separated.The second part investigates and analyses form the angle of jurisprudence, the relation between the idea of public interests and harmonious idea.It concretely and mainly analyses the conception about interests and public interests and its way to safeguard.It puts forward the harmonious idea of the harmonious society cover and contains the idea of the public interests of the environmental public interest litigation,the public interest of environment realization is in the harmonious society's essential content.The realization of the environment public interest is the basis and new motive force to realize harmonious idea.The establishment of the harmonious society is the ultimate aim of development of the public interests idea.The third part investigates and analyses the environmental public interest litigation and the idea of environmental public interest.It briefs mainly on the general situation and the theoretical basis of the environmental public interest litigation and the idea of public interests that is reflected in legislation of the environmental public interest litigation and in practice.It also investigates and analyses the necessity of the development of the idea of public interests in the environmental public interest litigation.The fourth part summarizes and analyses the important function to build and perfect the environmental public interest litigation of our country under the background to build socialist harmonious society in our country.We draw by analysis the conclusion that building and perfecting the environmental public interest litigation can promote the harmony and balance of environmental republic interests,the environmental public interest litigation,the judicial harmony of the environmental rule of law of environment and the social harmony of the environmental democracy.
Keywords/Search Tags:The harmonious idea, The harmonious society, The idea of environmental public interests, The environmental public interest litigation
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