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Research Of Our Country's Environmental Public Interest Litigation Plaintiff Qualification

Posted on:2013-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:C X YaoFull Text:PDF
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The environmental problem is a common concern in the world.. Environmental protection has become the consensus of the international community and the primary task in every country and people. Environmental public interest litigation system takes the public welfare as the purpose and conforms to the trend of the times of modern litigation system. It is the most suitable and effective judicial relief system in the field of environmental protection. It is an important way in the methods of the citizen’s environmental right from theory to practice. In the construction of our country’s public interest litigation system, the greatest obstacle is the plaintiff must have a direct interest in the case. Therefore, this thesis focuses on the environmental public interest litigation plaintiff qualification and proposes that in the designation of the system, the environmental public litigation should break through the traditional litigant theory, extend the qualification of the plaintiff to the" indirect interested person".According to the situation of our country, we should grant the plaintiff qualification to the procuratorate organs, administrative organ of environmental protection, environmental organizations and individual citizens and other litigation subjects. In order to reflect the public interest litigation purposes, the citizen’s right of prosecution focuses exercises, prominent environmental organizations and procuratorate organs function. Based on the experiences of foreign countries, the public interest litigation should pay attention to the problem and proposal in order to achieve the public welfare lawsuit purpose and the public’s benefit and promote the harmonious development.
Keywords/Search Tags:Environmental public interest litigation, public interest plaintiff, plaintiff qualification, people oriented
PDF Full Text Request
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