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Construction Of Environmental Civil Public Interest Litigation

Posted on:2013-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhouFull Text:PDF
GTID:2246330371988494Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The public interest litigation can be origins from ancient Rome, is relatively the concept of private interest litigation. Each citizen can sue in order to protect the public interest. Until the turn of the century, the United States, Germany and other countries’ industry began rapid develop, gradually transited to monopoly capitalism, and the period of the industrial revolution in addition to bring for economic rapid development, but also generated a lot of social problems, and the most prominent is the environmental problems. The appearance of nuisance events was a wake-up call to people, they had to start to pay attention to the protection of the environment. And because of this opportunity, environmental public interest litigation began gradually developed. Our country for environmental public interest litigation research already has a long history, but we still have no formal environmental public interest litigation provision in China. However, more than a lawsuits about environment public interest have be accepted by courts in practice, which means our country is accept and encourage such litigation there. Because China’s vast in territory, and the present situation of relatively insufficient of the law enforcement, requires the use of public power to strengthen environmental protection. Civil litigation is the most direct way for people to participate in the lawsuits, so it is feasible and necessary to establish the environmental public interest litigation in China.The dissertation begins from the origin of the environmental public interest litigation, and simply introduced the development situation of environmental public interest litigation in foreign countries, especially the United States. As the birthplace of the modern environmental public interest litigation, it has established a set of complete feasible system, which is worth to be referred by our country. The success of practice in China also suggests that the establishment of China’s environmental public system is the trend of the times. The main body of the dissertation is divided into three parts. The first part discusses the qualification of the plaintiff in the lawsuit, and also the one chose to be the plaintiff. Because the limits of China’s traditional civil law about litigant, leading to the establishment of environmental public interest litigation theoretically obstacle, therefore, we need to get rid of the obstacles, giving the plaintiff the proper status, to ensure that the action can be successfully accepted by courts. Then discusses the advantages and disadvantages of several kinds of plaintiffs, and suggest the environmental groups as environmental civil public interest litigation’s main plaintiff. Through the introduction of foreign practice and experience, combined with the situation and existing problems of these groups in China, puts forward for our country’s environmental group development in the future. The second part is about the establishment of the supporting system, including the burden of proof, the cost and the limitation of actions, so as to set up the system tending to the plaintiff, reducing the burden and the difficulties of the litigation, and stimulating public litigation motivation. The third part is for environmental civil public interest litigation’s program design. The first is to refer to the notice process of America to perfect our system. The second is the system that can stop the infringing act before the lawsuit, which we have no precedent in China, and we only have the system of "prior to the execution". So this program can bring environmental civil public interest litigation new life, and constantly improve the system construction.
Keywords/Search Tags:environmental civil public interest litigation, environmental group, burden of proof, legal cost, notice process, pre-trial suspend of infringement
PDF Full Text Request
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