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Civil Environmental Public Interest Litigation Plaintiff Qualification

Posted on:2013-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:D M HanFull Text:PDF
GTID:2246330395453070Subject:Law
Abstract/Summary:PDF Full Text Request
In the21st century, China’s environmental situation has worsened, rivers dry,grassland degradation, land desertification, salinization, biological diversity, reduce air pollution and water pollution.These events bring a lot of trouble to social and economic development and directly impact on the improvement in people’s quality of life.In order to improve our living environment, academic circles did a lot of research to environmental public litigation system from the theory basis, realistic foundation, necessity, feasibility, foreign of theory situation and did a lot of research for our reference, and a lot of the judiciary also makes a beneficial exploration.At present with the announcement of "Civil Procedure Law (draft)" public interest litigation system has entered into the legislative vision. The plaintiff fitness problems is constructing the core of environmental civil public litigation system. The focus of this article is that combination the typical cases in the practice and the"Civil Procedure Law (draft)" discusses plaintiff qualification in our country environmental civil public litigation system.The first part the plaintiff summarises in environmental civil public interest litigation. Introduce the concept and characteristic of the environmental civil public interest litigation,the significance in research of the plaintiff qualification and the theoretical basis of environmental civil public interest litigation plaintiff qualification and inspiration from foreign legislation.The second part overview of environmental civil public interest litigation the plaintiff subject qualification in practice. Introduce main qualifications set of environmental civil public interest litigation plaintiff and analysis all the cases of the judicial practice civil environmental public interest litigation.The third part the thinking of environmental civil public interest litigation plaintiff qualification in our country. According to the terms of the mention of the "relevant agencies, social organizations" this paper claims should give the procuratorial organs, environmental administrative organs, social organizations and individual citizens environmental protection plaintiff qualification, and put forward their reasons for filing the lawsuit.
Keywords/Search Tags:Environmental civil public interest litigation, Plaintiff qualification, Public interest
PDF Full Text Request
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