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Construction Of Environmental Administrative Public Interest Litigation Of Our Country

Posted on:2010-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:R PeiFull Text:PDF
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Things happens often that administration Infringes upon circumstance Commonweal by nonfeasance or imProper feasance , At the same time, the judicatory remedy confirmed in administrative litigation law is not convenient, which limits the qualification of plaintiff strictly, As a result, circumstance commonweal cannot get effective Protection sometimes. Therefore, takes environmental common trust, environmental right and access to justice as the theory evidence, it will make great sense that set up the commonweal lawsuit system of circumstance administration to protect circumstance public interest.The mainbody of this paper consists of four parts:The first part embarks from the final way of the public interest realization—actions publicae populares, draws out environmental litigation for public welfare,environmental administration litigation for public welfare and has discussed the basic theories of it.The second part makes comparative study about the civil action system in the United States and environmental administrative public interest action system in Japan to be used for reference in establishing our country's environmental administrative public interest action system.The third part elaborates the necessity and feasibility of establishing our country's environmental administrative public interest action system.And in the fourth part, the author raises some plans about existing the lawsuit system, including the plaintiff,the trend,the other measures that improve the up-front costs of litigation means and so on, and discusses the system of the plaintiff.
Keywords/Search Tags:Environmental administration litigation for public, Welfare, System Construction, Plaintiff Qualification, Case ScoPe
PDF Full Text Request
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