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On The Filing Standards Of Ecological Environmental Public Interest Litigation Cases

Posted on:2014-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:X P CengFull Text:PDF
GTID:2251330425470752Subject:Law
Abstract/Summary:PDF Full Text Request
With environmental issues increasingly become a major public concern social issues, people establish and improve the environmental public interest litigation growing need, crack environmental public interest litigation filed difficult, judgment difficult predicament is imminent. Addressing environmental public interest litigation filed problem is to build environmental public interest litigation system of the basic problems, and filing standards are not unified environmental public interest litigation filed restricting the key to solve the problem. Plaintiff filing standards including eligibility, scope of the case, jurisdiction system, etc., due to environmental public interest litigation particularity also includes content such as pre-review process.The court accepts the plaintiff suitable environmental public interest litigation cases is a top priority, but also more controversial areas of eligibility plaintiffs should include Procuratorate, the relevant administrative authorities and the environmental community organizations, as well as specific individual citizens; environmental public interest litigation case range including environmental administrative public interest litigation in civil and environmental public interest litigation, including environmental abstract administrative acts should also be incorporated into the environmental public interest litigation case range; environmental public interest litigation cases under special jurisdiction system, which should raise the level of jurisdiction in the jurisdiction level, the intermediate level the principle of the people’s court jurisdiction, the primary jurisdiction of the Court to supplement the management system, and geographical location of the area under the jurisdiction of the court to the defendant as a general territorial jurisdiction, taking into account other special circumstances the principle of territorial jurisdiction. In addition, if you want to set the environmental public interest litigation cases controversial pre-review process should also distinguish between the different nature of environmental public interest litigation cases, from the consideration of environmental law enforcement and judicial remedies relations environment, and effective way to prevent abuse of litigation, for by the individual citizens, non-governmental social organizations in environmental public interest litigation filed by pre-review process should be set to the relevant law enforcement agencies prior processing environment is required.
Keywords/Search Tags:environmental public interest litigation, filing standards, pre-review process, the plaintiff, the scope of accepting cases, jurisdiction
PDF Full Text Request
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