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On The Legal Research Of The Environmental Protection Social Organization Initiate Environmental Public Interest Litigation

Posted on:2014-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:M M ZhaoFull Text:PDF
GTID:2251330425970750Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, China’s socialist market economy develop vigorously, But at the same time events which cause serious damage to the environment and resources has been increasing, Our country is facing serious environmental problems. The environment, as the public property, has remarkable exteriority in the market economy, so the regulatory role of the government is necessary. Publicity is based on the society, the public environmental welfare is different from the interests of the state the collective interests and personal interests. All along, the environmental public interest litigation prosecution main body has been most scholars attention and discussion. In reality, Due to the behavior of the state itself sometimes the environmental public interest to damage, and individuals as a result of the limitation of capital technology and so on, for the protection of the environment is very inadequate. Therefore, the establishment of a multi-stakeholder environmental public interest litigation system can be very meaningful. Environmental protection and social organizations in the public welfare, independence and professionalism has significant advantages. The Civil Procedure Law of2012amendments to the first increase in the provisions of the regulatory environment of public interest litigation and prosecution main qualification provides legal support for environmental protection and social organizations to bring environmental public interest litigation. Environmental protection and social organizations to participate in environmental public interest litigation There are many ways, but because of its own shortcomings and imperfect legal system provides, but also makes environmental and social organizations obstacles encountered in the process of instituting environmental public interest litigation. In order to improve the level of environmental public interest litigation in China, enhance the enthusiasm of the public to protect the environment, we should improve the environmental and social organizations involved in environmental public interest litigation legal system, from the environmental and social organizations the right to appeal a grant as well as environmental protection and social organizations the right to appeal to the exercise of the two-pronged approach, protect their the right to participate in public interest litigation. Environmental public interest litigation to compensate for the vulnerability of the rule of law, protect the environment or public welfare, and promote the legal system in China has an important significance.
Keywords/Search Tags:Environmental public interest litigation, Environmentalprotection social organization, Eligible plaintiffs
PDF Full Text Request
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