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Establish China's Resource Management Environmental Public Interest Litigation Path

Posted on:2012-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:L M HuangFull Text:PDF
GTID:2216330338964758Subject:Law
Abstract/Summary:PDF Full Text Request
At present, China's environmental public litigation system is not real established, but still stays in the stage of theory research, although many scholars call for establishing environmental public litigation system as soon as possible, but everyone knows that it is not a simple matter. China's environment and resource are facing the optimistic situation, But the resource and environment public litigation system still not have been established. Although it is urgent to build resources management environmental public litigation system, the law have different opinions about how to build environmental public interest litigation system, it can be divided in to two path specifically.To establish resources management environmental public litigation system also roughly be divided into these two paths, In practice, Litigation subject qualification problem and court do not accept are the main obstacles during the development of resource conservation environmental public interest litigation. so, how to solve the problems of the scope of court and subject qualification is the most important thing to establish a resource management of environmental public interest litigation. First of all, the thesis mainly describes the problems in the resources management.Secondly, the thesis mainly describes the necessity of environmental public interest litigation in the resources management.Lastly,this paper mainly expounds the path through legal interpretation to set up resource protection environmental litigation system, and legal interpretation papers will be from the way of the administration dismisses law based on the resource related law to analysis and research, from the Angle of jurisprudence, constitutional law and analysis, such as proof of citizenship as resources protection can be subject is the subject of environmental public interest litigation. At last, this paper quotes a relevant case court not be accepted by the court,and then analyzes the case. Based on the resource in the provisions of the relevant law administration and the American public citizen litigation in the preceding procedure,to prove that court should accept resource management environmental public interest litigation, this kind of public interest litigation is belong to the accepting scopes of the court, resource management environment public interest litigation should be put into the scope of the court .Papers will focus on the second part of the paper for establishing resource management environmental public litigation system to find growing point in related provisions, in order to promote point capital management environmental public litigation system to be established.
Keywords/Search Tags:The law of resource management, Lawsuit qualification, The right of accusation, The scope of the court accepting
PDF Full Text Request
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