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A Study On Standing Of Environmental Public Interest Litigation

Posted on:2011-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:H YeFull Text:PDF
GTID:2166360305474499Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the rapid development of society and economy of China, the environmental pollution, ecological ruin, infringement of citizen's environmental right, consequently are getting increasingly serious. Environmental public interest litigation constitutes an effective approach to deal with environmental problems, to safeguard the right and interest of the state, society and the common. It has been established in a lot of countries. There are very little environmental public interest litigation in China. Fundamental reason is that environmental public interest litigation is extremely limited by our current legal system. It Mainly reflected in the provisions of standing. Based on that, this paper studies on the standing of environmental public interest litigation, hoping for it can be helpful to the establishment of environmental public interest litigation in China.This paper starts from the concept of public interest and public interest litigation, then derives the concept of environmental public interest litigation and analyses the characteristics of environmental public interest litigation. It discusses the fundamental theories of environmental public interest litigation: the environmental rights theory, the public trust theory and the theory of popular sovereignty. Furthermore, this paper demonstrates the establishment of environmental public interest litigation system is conducive to resolve the environmental problems and achieve human beings and nature in harmony and sustainable development. It is also conducive to make the executive administration according to law and protect the environmental rights and interests of people. It is the necessary requirement to implement the scientific concept of development.Our country's existing legal system requires the plaintiff must have a direct interest in the case. This principle manifested in our civil procedure law and administrative procedure law. Tort liability law provides that the standing will be entitled to the person who has been infringed directly. These provisions severely hampered the development of environmental public interest litigation in our country, the standing of environmental public interest litigation should carry out the necessary expansion. To solve the serious environmental problems and to fulfill our international legal obligations are the practical requirements of the expansion on the standing of environmental public interest litigation. There are a large number of environmental public interest litigation cases, showing a trend of diversification of the plaintiff types. These cases have laid a foundation of practice of the expansion on the standing of environmental public interest litigation.In the types of specific plaintiffs of environmental public interest litigation, we should allow the procuratorial organs, the government environmental management agencies, environmental groups and other public interest social organizations and individual citizens have the right to take environmental public interest litigation. Procuratorial organs should act as the conditional plaintiff in environmental public interest litigation. Procuratorial organs don't have the substantive rights and obligations in cases. They get the standing because their authority is related to public interest and they are the legal supervision organ in our country. According to that, the legal status is different from the traditional litigants. And they are subjected to many aspects, such as the scope of the prosecution, the disposition of litigious right and the collection of evidence. The natural objects do not have the standing of environmental public interest litigation .
Keywords/Search Tags:public interest, environmental public interest litigation, standing, procuratorial organ
PDF Full Text Request
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