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On The Plaintiff Qualification Of Environmental Public Interest Litigation

Posted on:2011-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:B H LiFull Text:PDF
GTID:2166360308458754Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Traditionally, the plaintiff qualification requires that the plaintiff must have independent and exclusive relation with the subject of litigation, especially in P. R. China because the design of action framework is deeply impacted by the traditional law which is different with the spirit of modern constitutionality. The particularity of environmental issues and environmental public interest prosecution needs us changing the restriction of plaintiff qualification and establishing environmental public interest litigation institution. Expanding plaintiff qualification in environmental public interest litigation has profound theoretical basis which reflects the people-oriented value. Common law countries, they believe that rights and remedies are inalienable, as long as the rights are prejudiced, we must start the relief program. Civil law countries, the objective lawsuit system in the plaintiff qualification is very relaxed, as long as its present statutes requirements to meet the environmental needs of the times, the environmental problems can be resolved better through legal channels. Although many of the important countries of two legal systems in the different title, they have set up the environment (Administration) public interest litigation system, which in institutional development and judicial practice are walking in the forefront of the times. China's current legislation on the qualifications of the plaintiff's excessively strict, which is not conducive to public interest litigation filed. Therefore, the existing legal system in China should learn from two legal systems on the basis of the excellent critical results, scientific design plaintiff qualified type reasonable. Expanding plaintiff qualification's type of environmental public interest litigation is to extend social protection of public environmental interests. Appealing for the public interest is a noble thing, the country's legal system should support a variety kind of people as public interest litigation's plaintiff. In order to safeguard the public interest, the state should encourage more people to appeal for public interest. Therefore, the type of public interest litigation's plaintiff should be charged widely. The personal, the social groups (organizations), the environmental administrative authorities, the procuratorial organs can play a plaintiff in the public interest litigation.
Keywords/Search Tags:plaintiff qualification, environmental public litigation, traditional law, people-oriented
PDF Full Text Request
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