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Research On The Standing Of The Environmental Public Interest Litigation

Posted on:2013-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:C GuFull Text:PDF
GTID:2216330371992838Subject:Law
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Though it started late in China, present environmental law has been formulated to be a relatively adequate system after hard work in legislation these years. However, environmental problems and ecological destruction is more and more serious, and sometimes even have the serious influence to the public life. The formulated environmental statues couldn't be well enforced, which is the main reason to falling into the predicament. Our environmental law enforcement mechanism has serious defects. Chinese environmental laws are mostly implemented by the authorities in environmental administration and execution, which lacks effective public involvement.The public has many ways to participate in the enforcement of environmental law. They could do that by means of advocating environmental protection, bringing administrative complains to appropriate authority, suing to the court, etc. In the country under the rule of law, It is the most effective way that the public use judicial proceedings in the implementation of the environmental law. In the traditional model of litigation, litigation is only started by interested party. In essence, it is the nature of private prosecution and defense. For the environmental protection, the traditional model of litigation neither security wide public participation, nor more relief system afterwards. It can't effectively prevent environmental problems. Therefore, the current legal system always ignores the environmental public interests.Environmental public interest litigation can effectively make up deficiency of traditional model of litigation in the protection of environment. Not only expanded the scope of public participation, but also can prevent the environmental pollution and ecological destruction. To restart the environmental public interest litigation, there must be a proper plaintiff. No plaintiff, no judge, the plaintiff qualification is the most important core of environmental public interest litigation. This thesis examines four main plaintiff in the environmental public interest litigation, for reconstructing Chinese environmental public litigation the plaintiff of the qualification system.There are three chapters in this thesis. The first chapter expounds some basic definitions related to environmental public interest litigation, including the concept of environmental public interest litigation, features and types, etc. The second chapter analysis four plaintiffs in the environmental public interest litigation. They are procuratorate, the government environmental protection administration, NGO and the public, etc. The third chapter is put forward reconstructing the plaintiff qualification system of China's environmental public interest litigation.
Keywords/Search Tags:environmental public interest litigation, the plaintiff qualification, coordinationmode
PDF Full Text Request
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