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The Construction Of Prosecutors Taking Parting In Environmental Litigation System

Posted on:2011-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:J HuoFull Text:PDF
GTID:2196330332464023Subject:Economic Law
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Prosecutors take part in environmental litigation system is one of the systems to expansion of prosecutorial power, protection of the environmen public intrest , negation of environment violation. With the development of severse environment of problems, the establishment of prosecutors take part in environmental litigation system is involved in the environment public intrest, civil rights protection of the environmen, and improvement of prosecution system.From current situation, the existing environment protection system can not display effective protection. What's more, the events of damaging environment happened frequently. So to establish a comprehensive environmental protection sustem become a key subject. To this end, people are trying to safegard the environment by the way of establishment of environmental litigation system. However , this system is a fundamental revolutionary movement if discussing its public welfare and potential ability. Environmental litigation comes across a lot of problems. Lack of theoretical foundation, in completement of matching system, difficultment of changing the current law and soon. Then, people paying attention to prosectors, due to various subjective and objective factors. Prosecutors as plaintiff take part in environmental litigation is not fully mature. So, we should to have a change. Before the present stage, procuratorial suggestion, supervise charge and supportment charge are the most useful way. This is to say if the environmental case is clear and definite adopt procuratorial suggestion way, if the plaintiffs are unable to charge adopt supervise charge and the plaintiffs unwilling to charge adopt supportment change.This passage begin with naming environmental litigation and then clearing the environmental concept, characteristic significance; secondly, we analyze the necceissity and possiblity about procecutors taking part in environmental litigation; thirdly, we introduce the difficulty of procecutors taking part in environmental litigation from theory , legislation and practice aspects, finally we discuss prosecutors take part in environmental litigation. Comparative analysisi of the path from the current condition and legal reality, the hest choice is a priority for prosecutors recommended, supplemented by supervision and support prosecution. At the same time, we also discuss about prosecutors how to take part in environmental litigation in condition, procedure and specific aspect.Owing to the current environment protection situation of our country, we choose this topic, we believe our research can bring beneficial suggestion to structuring our country's system of environmental litigation protection.
Keywords/Search Tags:Environmental Litigation, Procuratorial Suggestion, Supervise Charge, Supportment Charge
PDF Full Text Request
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