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China's Environmental Ngos To Participate In The Environmental Public Interest Litigation Law Studies

Posted on:2013-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2246330377953520Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental protective NGO, as a new force field of environmental protection in China, whether it has a full and clear legal status in the environmental public interest litigation, and whether it enjoys the support and protection of related system will have a direct effect on its performance in protecting public environmental rights and the protection of environmental resources. It involves a range of issues, such as:environmental NGO registration, funding sources, the plaintiff qualifications and so on. In China, these issues still exist many problems, which not only have a serious impediment to the building and improvement of the environmental public interest litigation system, but also hamper China’s environmental protective NGO and the further development of environmental protection.Seeking truth from facts, nowadays, the legal status of China’s environmental protective NGO in the environmental public interest litigation is not very clear; its legal status has not yet been effectively protected. The internal or external reasons based on self-building and institutional environment, the environmental protective NGO in China still has many hindrances and problems on its participation in environmental public interest litigation. However, with the increasingly prominent of China’s environmental problems, environmental protective NGO participates to the environmental public interest litigation has been a general trend, it becomes imperative. In fact, recent years, the environmental protective NGO in China has made some development, and gradually participate in some of the environmental public interest litigation, causing a wide range of community concern. In the field of environmental protection, environmental protective NGO holds the characters of voluntary、group、public interested、 professional and so many advantages. Compared with personal involvement in environmental public interest litigation, it has obvious advantages. In the thesis, I try to analyze and study China’s environmental protective NGO involved in environmental public interest litigation, and then put forward some of my own insights on related issues after a summary and reflection on the practical experience at home and abroad, based on the actual look to the future development trends.The thesis totally contains five parts, in the first part, it will mainly overview the environmental public interest litigation and environmental protective NGO and explain the concept of environmental public interest litigation、the characteristics、the plaintiff qualifications as well as NGO’s concept features and so on; In the second part, it mainly analyze the theoretical basis for NGO participation in environmental public interest litigation, including: environmental rights theory、public trust theory. After the exposition of related legal theory, combined with the actual situation of China’s environmental protection laws, the article clarifies the theoretical support for the role of environmental protective NGO participation in environmental public interest litigation; In the third part, it mainly introduces some of the practical experience of foreign environmental protective NGO participation in environmental public interest litigation, mainly include Germany and the United States, the major developed countries in Europe and the United States, on this basis, combine to China’s actual conditions, give a summary and reflection on relevant issues which we should be conducted to learn from. In the fourth part, it introduces the development status qua of environmental protective NGOs in China and analyzes the major obstacle to their participation in environmental public interest litigation, including the political system and the shackles of ideology and culture, economic factors, and own level restrictions, the registration system and the legal status of the lack and so on. In the fifth part, it puts forward some of my insights on properly respond to and solve our environmental protective NGO participation in environmental public interest litigation from the starting points of environmental protective NGO’s own building and the strengthening of the legal status, and the building and improvement of the environmental public interest litigation system.
Keywords/Search Tags:environmental public interest litigation, environmental protective NGO, Research
PDF Full Text Request
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