Font Size: a A A

Analysis On Water Pollution Of The Environment Administrative Public Welfare Lawsuit Evidence Exchange System

Posted on:2013-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:J CuiFull Text:PDF
GTID:2246330395971742Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Current, the serious environmental pollution not only hindered our personal lives, but alsoa threat to human survival. In recent years, China’s water pollution incident occurred withhigh frequency, impact, serious consequences for people with" northern waters are dry, theSouth had water all dirty " to describe the status of water environment in our country,environmental pollution has become our first problem to be solved. China used to be singleregional control, later cross-regional pollution problems and disputes emerge in an endlessstream, the long, partial area water pollution incident occurs frequently caused a lot ofpollution dispute, especially cross-regional water pollution disputes the most seriousconsequences.Only from the technical classification of industrial wastewater treatment,sewage, agricultural water back, from moral standards to improve the public’s environmentalawareness, strengthen conduct propaganda, education, also not fundamentally ease the currentsituation of water pollution, but also from the legal liability to refine, improve litigationmechanism, due to water pollution and harm caused by public interest, private rights are moreeffective for relief, contaminated environment, maintain public interest, avoid bigger loss. Inwater resources protection this large-scale public welfare undertakings, government and itsfunction branch function is extremely prominent, important, effective, must make clear theresponsibility of administrative organs, strengthen the government responsibility in theadministrative organs, and the exercise of authority or not as the case, through the waterpollution administration litigation of public interest to pursue the administrative legalresponsibility, to achieve effective prevention and control of water pollution in the end.This paper tries to analysis the foreign mature experience and practice, and our country’slegislation and judicial practice of evidence exchange system in the situation, summed up theexperience of a reference system, public interest litigation evidence system evolution andrelevant case system arrangement and presentation, research evidence exchange system in thewater pollution of China administrative public welfare lawsuit in the presence of variousissues, in-depth analysis of the causes of the problems, and finally puts forward integratedsound system reform proposals, the evidence exchange system in the future will be morerapid and sound development, avoid the power brought by the plaintiff to weak defensephenomenon, better safeguard the public interests and the substantive justice. Hope in thenear future, we can have a more complete set of environmental public interest litigation legalsystem, promote China’s legalization process, promoting China’s environmental protection ofthe public interest. Hope this research can, for academic research and judicial practiceoperation benefit.
Keywords/Search Tags:Administrative Public Interest Litigation, The Evidence Exchange, Water Pollution
PDF Full Text Request
Related items