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Analysis About Environmental Civil Lawsuit Legal On "Chongqing Fishing Ground’s Pollution Case"

Posted on:2013-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:L H HanFull Text:PDF
GTID:2246330371987505Subject:Civil Procedure Law
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In this paper, from the condition and the improvement of China’s current civil litigation system, the writer then presents the necessity and urgency of a perfect environment for civil litigation system in our country through two cases. This paper has three main strands to analyze reasonable the main problems of the current environment civil legal system, and provide some suggestion on the perfecting of the system of the environment civil legal in the hope of contributing to the reformation of the environment civil legal system and the protection of the rights of our citizens’ to the environment.The first part, first take the two cases for example, explain the concept and characteristics of the environment civil litigation, as well as the relationship between the parties. It is identified that the plaintiff especially the individual citizen at a disadvantage in the environmental tort cases with frequent occurrence of this environmental tort cases recently. Due to the leaks of the environment civil legal action system the environment disputes can not be solved, giving rise to a range of social problems. Perfect feasible environment legal action system problem is demanding prompt solution.The second part, from the civil laws of environment civil litigation, and the system of environmental civil limitation, in two aspects, analyze that China’s Environmental civil litigation system has flaws. It also expounds the reasons why China’s environmental disputes can not be well solved. By comparison with foreign legislation, through comparison and analysis of foreign environment suit, it shows that there are some problems in our current environment system, such as the law of citizen’s environmental rights are not expressly granted with a result that the plaintiff who goes to court to solve his environment dispute without enough courage;there not environmental commonweal litigation in our laws resulting in the vulnerable groups who are in environment infringement can not be in the form of a collection of masses to win the lawsuit; though located in civil environmental litigation in China, it also involves the administrative litigation leading to a rather awkward position, and so on.Third part of the context:Uniting the current reality of our environment and foreign advanced experience of legislation, it gives some suggestions on perfecting our environment civil litigation. First, through the establishment of environmental rights of our citizens, there are "rights" can be well used when citizens in the Environmental civil litigation; secondly, through the perfection of environmental group litigation system, the scope of environmental civil litigation plaintiffs can be expanded and better to protect the public with the power of masses; the third, through reforms of the relevant evidence such as the onus of proof and evidence affirmation principles to make people at a disadvantage in making evidence no more; the last, reforming the judging manner of the environmental civil cases, promoting the" suit environment" and the judges’competency make them do things as the law.
Keywords/Search Tags:environmental disputes, environmental rights, environment civillitigation
PDF Full Text Request
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