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Research On Problems Of Litigation Of Environmental Action For Public Interests In China

Posted on:2014-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:L ChangFull Text:PDF
GTID:2251330425470687Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental public interest litigation system is one of effective measures to solve the problem of environment to the developed countries in the new era. Meanwhile. On the road of constructing our country under the rule of law.it’s also a choice of system solving environmental problems in judicial way.The author’s paper is on the basis of summarizing the relevant judicial practices and be a Research associated with the construction related problems of environmental public interest litigation system of our country.The environmental public interest litigation in our country,which blessed with a characteristic of Practice first then Legislation. And the environmental public interest litigation system enacted by legislation will eventually return to judicial practice to guide the judicial practice and Provides the legal basis for the judicial practice.It is particularly necessary to research and analyse the problems of the obstacles,Especially combining judicial practice and from the actual situation of our country.In this paper, The analysis of the basic problems in the environmental public interest litigation system focus on how to construct the environmental public interest litigation, and discusses the problems of system Through the analysis of relevant problems, to further build the environmental public interest litigation system in China here here the author proposes as followers:(This article including four parts besides the introduction)The part1is the basic problems research on environment public welfare lawsuit.This part is the basis of the full text Through the basis of environmental public interest litigation system and other representative countries in the world’s environmental public interest litigation system,From the perspective of both domestic and abroad’s legal system of environmental public interest litigation to study. At the same time, giving a proper analysis about the necessity of construction of legal system of environmental public interest litigation. The part2is about the present situation of environmental public interest litigation system in China. From the point of legislation, administrative law enforcement and judicature and the macroscopic law theory and the traditional culture to study the present situation of environmental public interest litigation and analyze environmental public interest litigation in our country.The part3is the research about the system of environmental public interest litigation obstacles. This part mainly from the point of the micro to analyze the obstacles of environmental public interest litigation in China including Including studying the plaintiff qualification of environmental public interest litigation, Scope of litigation, the distribution of the interest of Litigation, and the identification problems of pollution damage to the environment.The part4is mainly on the basis of the above analysis and research, proposing for the construction of environmental public interest litigation system in our country...
Keywords/Search Tags:public environmental welfare, litigation, barrier analysis, system building
PDF Full Text Request
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