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Research On Legal Issues Related To Environmental Public Interest Litigation Filed By Prosecutors

Posted on:2015-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2181330452968046Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China’s economic development rapid, people’sliving standards have been greatly improved, we have encountered an unprecedentedcrisis-environmental pollution and ecological destruction.Environmental infringementcases increasing, but subject to the limitations of traditional direct interest in theplaintiff qualified litigation, many cases because of the plaintiff does not have toprosecuting qualification into the proceedings,environmental public interest can not beeffectively protected. Therefore it is necessary to break through the limitations of directinterest to the principle of public interest litigation in the environment, give more bodyto sue environmental public interest litigation. In other countries, many countries areavailable through the prosecution of environmental public interest litigation filed publicinterest to protect the environment. Our prosecutors are also involved in environmentalpublic interest litigation, and achieved good social effects, although no clear legal basisfor prosecution because while being questioned, but these judicial practice can providegood material for us to study environmental public interest litigation in favor of improveour environmental public interest litigation system.In this paper, through the prosecution of environmental public interest litigationfiled theory to analyze the prosecution from abroad on the basis of environmental publicinterest litigation filed on advanced experience combined with our specific conditions,the prosecution put forward to improve our environmental public interest litigation filedproposals.By giving prosecutors recommended environmental public interest litigationfiled legislation to sue. Only significant environmental harm public interestenvironmental violations prosecutors can sue. Clear position prosecution proceedings inenvironmental public interest litigation in. Distinguish between cases of exceptional circumstances determine the priority right to sue prosecutors and environmental charityorganizations. Written notice of appeal before the procedure set in the environmentalpublic interest litigation in civil, administrative reconsideration pre-set program inEnvironmental Public Interest Litigation. Prosecution of dispositions necessaryrestrictions. Extend the statute of limitations statute of limitations interrupted by the way.Establish environmental charity fund to bear the costs of litigation.
Keywords/Search Tags:environmental tort, environmental public interest litigation, prosecutors, plaintiff qualification
PDF Full Text Request
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