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The Analysis On A Case Of Environmental Public Interest Litigation---Procuratorate Of Yushui District, Xinyu Prosecuting Mr.Li And Mrs Zeng

Posted on:2011-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:H C NiuFull Text:PDF
GTID:2166360305965437Subject:Law
Abstract/Summary:PDF Full Text Request
Currently environment which has been seriously damaged has an even worse effect on the national and public interest.however,there have been gaps in legislation on environmental public interest litigation,this results in the behavior against environmental interest having no restrictions and punishment by law. In this condition,when procuratorate joins in public interest litigation,it would meet with many difficulties before the facts,and it is not conducive to environment tort suit adaptation of the law.In this paper,through investigation and analysis of environmental public interest litigation with procuratorate engaged in,we could account for many of the difficulty in procuratorate's public interest litigation when reality factors in addition to legal factors are considered over our surroundings.At the same time,we begin to know that the analysis on public interest litigation with procuratorate engaged in could provide useful inspiration and references to solve the environment problems,so we find that we should make new further laws to enable some contral around us to start environment tort,then the judicial protection of environment public interest can be realized.Firstly, the paper points out the case and starts its legal analysis. Based on the existing gaps in the limited public interest litigation, the legislation can not effectively address environmental violations to provide adequate legal remedy. This paper starts the analysis from legal basis for public interest litigation, the nature and practical significance of the point in-depth inquiry, in order to interpret procuratorate public interest litigation to provide theoretical support.Secondly,this paper points out below,the reasons of the procuratorate public interest litigation exist in the rationality, legality and feasibility.Among these reasons,legality is the top priority.the paper puts this reason on a deeper level,then starts a detailed legal research.While analysis on difficulty of procuratorate public interest litigation shows the following three aspects:procuratorate public interest litigation is not expressly authorized by law, jurisdiction is difficult to determine, start public interest litigation and the limitation of action until the main only standard which is difficult to parse.Finally,the paper points out two main suggestion on procuratorate public interest litigation. At present, environmental public interest litigation on the procuratorate of topics is still in theory, there is no clear legal basis, the procuratorate in protecting the environment is powerless. Therefore, ensuring procuratorate public interest litigation in a clear legal status and powers of protection is of vital importance. In addition,in order to achive environmental protection, the community group strength with the widely public attention, support and participation are also greatly needed.
Keywords/Search Tags:environmental rights, procuratorate, public interest litigation, social and public interests
PDF Full Text Request
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