Font Size: a A A

Close To The Environmental Justice: Environmental Groups To Participate In The Environmental Public Interest Litigation Research

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:D QiFull Text:PDF
GTID:2246330395950101Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The rapid economic growth also comes with increasingly eye-catching environmental problems. In this context, the environmental public interest litigation has become a heated debate topic from both theoretical and practical perspectives. Compared to individual litigations, environmental protection organizations obtain their prominence in terms of public welfare, specialty and common acceptability.For the purpose of effective settlement of environmental disputes, we cannot therefore ignore the role of such environmental protection organizations in the construction and operation of environmental public interest litigations. It becomes a necessary way to approach the environmental justice and materialize the rule of law by structuring an environmental protection system based on the expansion of capacity of plaintiff and focused on environmental protection organizations participating in the environmental public interest litigations.From this perspective, this article will give a discussion on the legal issues relating to the participation of environmental protection organizations in environmental public interest litigations. For this purpose, this article consists of the following five parts:firstly introducing the general theories of participation of environmental protection organizations in the environmental public interest litigations as well as the roles and functions of such organizations; secondly comparing and contrasting the mechanism design and typical cases between civil laws system and common law system; thirdly outlining the current legislations and judicial practices in China by particularly conducting an empirical research on the development of the newly established environmental protection courts and analyzing typical litigations brought by environmental protection organizations; fourthly and most importantly, attempting to summarize the primary restrictions that prevent environmental protection organizations from participating in the environmental public interest litigations and to propose some suggestions on the road ahead by combining foreign experiences and our actual situations, with a view to providing some helpful hints for the improvement of the environmental public interest litigation system in China.
Keywords/Search Tags:Public Interest Litigation, Environmental PublicInterest Litigation, Environmental Groups, Plaintiff Qualification
PDF Full Text Request
Related items