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The Construction Of The Civil Action System For Environmental Public Interest In China

Posted on:2013-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:G LinFull Text:PDF
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With the advancement of the socialist legal system, public interest litigation has become a hot topic in our society and has aroused widespread concern. But the scholars are more focused on administrative public interest lawsuit and less focused on the civil public interest lawsuit. As far as the area of environmental law civil environmental public interest litigation, there are even less attention being brought on. However, in the judicial practice, there are many cases that sued for public environmental interests, demanding for cessation of infringement and compensation for loss.The construction of the civil action system for environmental public interest is an important way to realize the public environmental right, and is also vital to solve the problem of the increasingly serious environmental pollution. Due to the current civil environmental public interest action research and the strong demand on theory from the litigation practice, the article takes this as its direction.This article conducted a comparative study, from the civil environmental public interest litigation concept, on civil environmental public interest litigation of the two major legal system countries. The article suggests constructing our country’s civil environmental public interest action after the depth analysis of the necessity and feasibility of the construction of our country’s civil environmental public interest litigation. This study would hopefully have found the litigation procedure right synchronizing with the rule of law time and matching with environmental right, from which the litigation procedure and social development would benefit.
Keywords/Search Tags:public interest litigation, civil environmental public interestlitigation, environmental right, the principle of good faith, punitive damages system
PDF Full Text Request
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