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On The Standing Of Procuratorial Organ As A Plaintiff Of Environmental Public Interest Litigation

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:J P LiuFull Text:PDF
GTID:2256330374968573Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
With the establishment of social and public interests of the concept of social standardform of independence, environmental public interest litigation system in many foreigncountries have established and development tend to improve, because the establishment of apurpose to protect the public interest of the environment, environmental public interestlitigation system caused great interest of researchers and extensive research, it is regrettablethat the environmental public protection litigation system so far not been settled in ourcountry, the specific reasons for the restrictions and lack of many aspects, in these reasons,the eligibility range of environmental public interest litigation the plaintiff how to determinethe establishment of environmental public interest litigation system constraints reason, theenvironmental public interest litigation the plaintiff eligible for the core and keyenvironmental public interest litigation system, in this connection, academia, the judicialpractice around the environmental public interest litigation plaintiff qualifications to carry outthe lively discussion and research results, help to promote the establishment of environmentalpublic interest litigation system. I combined the experience of the development of foreignenvironmental public interest litigation plaintiff qualifications, on the basis of the analysis ofdomestic environmental public interest litigation of the main range of the plaintiff,preliminary view is that the more appropriate to vest procuratorial organs the environmentalpublic interest litigation plaintiff qualifications in China at this stage even longer period oftime, this article is based on this superficial understanding to analyze and discourse.In this paper the whole chapter is divided into five chapters, by the way of progressivediscussion. The first chapter is the Introduction part of this research, background, purpose andmeaning, main content of Home and Abroad, research methods, innovations such as sixgeneral overview of the article; research of the environmental public interest litigationplaintiff qualification range is inevitably involved in the environmental public interestlitigation system theory, the underlying theory of this second chapter discusses theenvironmental public interest litigation, including concepts, features, and classification, andso on; the third chapter introduces the development situation of foreign environmental publicinterest litigation plaintiff qualifications, it helps to understand the scope of discussion ofChina’s environmental public interest litigation qualifications; the fourth chapter discusses indetail the Qualification of the status of China’s environmental public interest litigation theplaintiff, in this chapter, the author first discusses the lack of our existing laws onenvironmental public interest litigation plaintiff qualifications prescribed, combined withsome of China’s judicial practice of environmental public interest litigation attempt, and thendiscusses the environmental public interest litigation the plaintiff proper subject of ourresearchers discussed,through the analysis, drawn the main ideas of this paper; Chapter Vdiscusses the many focus procuratorial organs environmental public interest litigationplaintiff eligibility analysis to support the author superficial research. The article discusses the lack and controversy, urge experts, scholars have criticized the correction, I would like tohumbly accept the improvements.
Keywords/Search Tags:environmental public interest, public interest prosecution, prosecutorial organization, standing
PDF Full Text Request
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