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Research On The Environment Public Interest Legislation In China

Posted on:2011-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SuFull Text:PDF
GTID:2166360305977881Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Environmental problems since ancient times, just before the Industrial Revolution is localized small-scale, but with the development of productive forces and human self-centered thinking, as resources and environment being opened and used more intensity by human, destruction of nature has become more and more serious, led to increase environmental problems. Create a huge economic wealth, water pollution, air pollution and the ozone hole and other global environmental crises broke out, has seriously affected the survival and development of human beings. Therefore, search on the production of their own ways, it is also actively seeking ways to effective environmental protection. Since the sixties and seventies of the last century, Countries around the world have already recognized that "chief universal theory" of simply rely on the Government to protect the environment, the environmental protection of life only to be placed in the hands of government departments and officials, can't meet the protection of environmental public interest, and need the private public participation in environment is the fundamental way to solve problems. Therefore, the public interest litigation has been proposed and widely implemented, in the United States, Japan, Britain and other developed countries have established the environmental public interest litigation system of the new era needing.Since China is a developing country, population growth and economic development pressures, the economy is at the center, the government and the public in the process of economic development often at the expense of sacrificing the environment, and our country's environmental protection policy environment dominated by the government protection, that environmental protection is the responsibility of the government, nothing to do with the general public, therefore, environmental pollution and ecological damage were aggravated seriously without effective controls. But after several decades of development and popularization of the publicity has raised public awareness of environment for economic development brought about harmful consequences, impermeable bottom of the lake east of Beijing Summer Palace project, the Nu River dam, the Songhua River water pollution, waste incineration power plant in Pan Yu, Guangdong and other environmental public interest to establish the events in the community has attracted wide attention. It is face of the destruction of the living environment, in the lack of public interest litigation system in China, the citizens can't find a legal basis can for invoking, so judicial relief can't effectively. So, the public wish to set up the environment public interest in China.Environmental law in China have not a long history, many theoretical problems are still under discussion, the environment is one of public interest litigation, our academic understanding of the environment there is more public interest litigation kind of view:economic interest litigation; administrative public interest litigation; public interest litigation and public interest litigation binary. Although the different points of view, but they are from the present lawsuit environmental public interest protection that the absence of procedure law for reform, designed to make social public interest suit in the system directly. The author of many scholars on the basis of research results, and refers foreign environment public interest litigation experience in legislation, public interest litigation on environmental legislation in China necessity and feasibility analysis, not only from the perspective of procedural law, but also from own environmental impact assessment system and public participation in environmental impact assessment system and the commonality of environmental public interest litigation, and rely on cases, using the combination of empirical and speculative methods proposed in the "Environmental Impact Assessment Law".This paper is divided into five chapters:The first chapter is related to the public interest litigation and environmental public interest litigation overview, including the concept of public interest litigation, the concept of environmental public interest litigation, characteristics and system of values.The second chapter from the Anglo-American legal systems(U.S,U.K and India) and Civil law countries(Germany, France, Italy, Japan) development of environmental public interest litigation, comparative law from the perspective of these countries to conduct public interest litigation system analysis, lessons learned and inspiration.The third chapter is environmental public interest litigation necessity and feasibility in China. Our existing legal system and environmental protection, the reality of the traditional litigation model environmental public interest litigation adverse to the need to build the environment. The theory and Mass basis for provide the feasibility.The forth chapter is major theorists of domestic legislation on the environment point of view of public interest litigation analysis, not only from a procedural law point of view, but from the environmental impact assessment system to describe environmental public interest litigation in the legislative model of choice, set up in the "Environmental Impact Assessment Law".The finally chapter is the legislative design, including principles of law, plaintiff status, acceptance range, the burden of proof and other aspects.Between the environmental public interest litigation and tradition litigation has qualitative difference, environmental public interest litigation in China is't happen overnight, need to continue to explore in depth. This paper discusses the environmental public interest litigation aims to some suggestions.
Keywords/Search Tags:Public Interest Litigation, Environmental Public Interest Litigation, Idea of the Construction
PDF Full Text Request
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