Font Size: a A A

Study Of Environmental Rights Litigation Legal System

Posted on:2005-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:F Y LuoFull Text:PDF
GTID:2206360125461659Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Citizen's environmental right is a new and developing right .It is the core of environmental law and the basis of environment litigation. But there isn't definite provision for citizen's environmental right in our constitution and relevant environment laws. The traditional litigation theory that based on realization of the existential right seems unable to solve the new case of environmental right. To realize the Judicial remedy of environment .It is necessary to break through the regulation of procedure requirement and institution design of the traditional litigation theory, to enlarge the scope of dispute suability, to enlarge the scope of interest of action, to broaden the criteria of the plaintiffs' qualification .If the court accepts the scope of the environmental right which still being potential interests, and declare the plaintiff recover, the result demonstrates that the right qualification of environmental interests is recognized by the judgment .This ,to a great extent , means environmental right formation by judicature.
Keywords/Search Tags:environmental right, judicial initiative, dispute suability, plaintiffs qualification, interest of action, right formation
PDF Full Text Request
Related items