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On The Plaintiff’s Litigation Position Of Environment Non-Government Organization In The Environment Public Interest

Posted on:2013-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y P KouFull Text:PDF
GTID:2246330395480165Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
When human beings more and more greedy to nature and live the whims of natural resources and environmental pollution is wanton, Nature also began to our ignorance of human launched a crazy revenge. Environmental disasters, The world within the scope of the extreme weather changes, the environment problem is more and more serious. According to the environmental right theory and the public trust theory, the public entrust the government to manage and maintain with public property attribute environment resources. In reality, the interests of governments and do not represent environmental public interest. Sometimes the government in order to pursue the maximization of their own interests at the expense of the environment public interest, For most of the citizens’ environmental right and struggle, this is the mission of the environmental law. The latest revision of the civil procedure law in our country will be public litigation system load among them, will the right of citizens’ environment for the development of Kua Yue Xing step towards.The environment is to protect environmental public interest litigation the last defense line, also is the realization of environmental justice is an effective way. Because, the environment public interest litigation by social forces to supervise government perform environment, so as to better safeguard the environment public interest purpose. However, in our country existing law within the framework for the establishment of environmental public litigation system is not in one day of easy, But a gradual development continuously close to environmental justice is a long process, the key point is that gives environmental ngos in the environmental public interest litigation status of the plaintiff. The plaintiff status broke through the traditional lawsuit benefit theory of the request, has manifested the public law public welfare inner essence, is contemporary environmental democracy and the rule of law progress of result, is also the citizen’s environment right consciousness enhanced outstanding performance, its foothold lies in the pursuit of a public law order to environment so as to realize the protection of public interests.Environmental non-government organization, only to have the plaintiff qualification can change the plaintiff of the environmental public interest litigation status. Of course, environmental non-governmental organizations in the plaintiff of the environmental public interest litigation status has certain rationality, At the same time also enumerated the environmental ngos to participate in the United States citizen litigation and eu countries group litigation judicial practice, China’s Environmental non-government organization in winning the lawsuit qualification still exist the legal aspects of obstacles-the plaintiff qualification of the law is not clear, the government still continue to use the planned economy mode of social group management, and environmental ngos face a narrow channel of raising funds of the disorder. Our country should combined with national conditions, the establishment of environmental ngos to participate in the environmental public litigation system, and open up more channels of funding sources, etc. So as to safeguard the environment public interest litigation effectively and smoothly, maximum limit maintenance environment of the social and public interests.
Keywords/Search Tags:Environmental non-government organization (ENGO), The social and public interests, Environmental public interest litigation, The plaintiff status
PDF Full Text Request
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