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Study Of Environmental Public Interest Litigation Plaintiff Qualifications

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiangFull Text:PDF
GTID:2206330332992372Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China's economic development is fast, however, at the same time, environmental pollution, ecological damage and environmental rights violations are becoming more and more serious. As a solution to environmental problems, environmental public interest litigation has now been adopted by most countries in the world. After more than twenty years of legislative efforts, our system of environmental law has taken shape, some cities explore new mechanisms of judicial response, and set up environmental courts. However, only little domestic environmental pollution due to public interest litigation was filed, environmental pollution, ecological damage has not been effectively controlled. The fundamental reason is that our current legal system on the environment there is extremely limited in public interest litigation, mainly in the eligibility provisions of the plaintiff. Therefore, the plaintiff qualification becomes a core issues of establish and improve the legal system of environmental public interest litigation in China. Based on the research of environmental public Litigation, this paper gives the idea of plaintiffs'eligible construction, hope to establish and improve China's environmental public interest litigation regime.This paper first gives the concept of environmental public interest litigation, characteristics, and qualifications of the concept and definition of the plaintiff; and then discusses the theoretical basis of public interest litigation environment:Including environmental rights theory, theory of public trust, private attorney general's theory, the right to appeal; After that, the paper analysis our current legal system of environmental public interest Litigation development constraints from the status quo, and through the comparative study of foreign-related statutory provisions and judicial practices, combined with China's own national conditions, to submit an environmental public interest Litigation building ideas, which is to give the environmental public interest litigation plaintiffs eligible to the prosecution, non-governmental environmental organizations, environmental administrative functions and individual citizens. In that case, citizens can effectively participate in environmental public affairs, the environmental rights and interests of citizens can be protected, and it is conducive to building a harmonious society and to improve the level of rule of law, making the development of economic and social sustainable.
Keywords/Search Tags:Environmental Public Litigation, Qualification of plaintiff, citizens' environmental rights action, Environmental rights
PDF Full Text Request
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