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The Expand Of Plaintiff In Environmental Litigation

Posted on:2012-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y G DuFull Text:PDF
GTID:2216330338971568Subject:Law
Abstract/Summary:PDF Full Text Request
In order to deal with the serious environmental crisis, the law, as the role of directly guiding and regulating, must have to give it feedback. In the courage of foreign practices of public interest litigation about environment, we should keep the pace with them and get rid of over-conservative restriction in the plaintiff. Firstly, our traditional litigation insists the principle of direct interested parties; it means that plaintiff must have the direct interests with the casa. In this way, the plaintiff of environmental litigation is too limited to go to the court, which also indicates the defects in the judicial field: in the one hand, more and more non-direct interested parties cannot get the rescue of their lawful interests, on the other hand, as the subject of the Environmental Protection Law, we have to pay the proper intention to it and the fact is in need of it. Secondly, in the theory field, whatever the theory of public litigation of environment or the right of environment, it all suggests that the limitation of plaintiff in the environmental litigation is improper. Environment is the typical public affairs which need all the people to take part in, what's more important, its positive effects has been restricted by the limitation of plaintiff of litigation. We once thought that there was a huge contradiction between the public interests and personal interests, while it is not unwise to divide it like that through our deep research. Because the earth is indivisible and so is the human society. When the environment has been threatened, on one could keep out of it, the personal interests are included in the public interests, and personal interests rely on the implements of public interests. So the limitation of plaintiff in environment litigation is unnecessary, in other word, everyone is the direct interested party in the litigation. Considering that human shall last forever and the obligation of descent, environment right is not only the obligatory right but also the unshakable duty. The litigation is not the aim but the method to protect it. Therefore, we should proceed the revolution of it, in the fact of procedure, we need more and more people to participate to the litigation such as person, environmental party, administrative body and so on. We should set the litigation as the starting point and build on the experience of practice in order to promote our environmental judicial development, moreover, to strengthen the ideal of people and make the environment protection becomes the real national movement.
Keywords/Search Tags:environmental litigation, plaintiff, expand
PDF Full Text Request
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