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Expansion Of The Plaintiff Qualification Of Environmental Public Interest Litigation

Posted on:2014-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhongFull Text:PDF
GTID:2256330425463686Subject:Procedural Law
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With the constant development of produce, our society has gradually gone into the industrial society, coming alone with the gradually into the industrial society. The environmental hazards have become common, such as the Japanese eight public nuisance cases and Yunnan Qujing chromium pollution incidents. Despite the pollution incidents are frequent, these events has not attracted enough attention. What is more amazing is that these environment pollutions have rarely gone to the court. On the other hand, we have a lawsuit Nasty in traditional Chinese culture. In most cases, nobody wants to sue a company in the interest of the public; What is more, even if there are somebody sues the pollutant company, the Court often dismissed the plaintiffs prosecution mainly because the plaintiff was not qualified.Behind all of these phenomenons, it is obvious that we are lack of civil plaintiffs qualification system in our culture.The absence of eligible plaintiffs makes difficult for the development of China’s environmental public interest litigation. Only when the qualifications of environmental public interest litigation are confirmed, can environmental public interest litigation go further forward. In our country, we still use direct stakes as standard to determine whether a subject can become a proper plaintiff, it is difficult to meet the actual needs in reality. So we have to discuss the plaintiff qualification in the environmental litigation lawsuit. In this article I have discuss the concept of public interest litigation, the characteristics and the historical background.By comparison with other countries, I have made the conclusion that we have to expand our environmental public interest litigation plaintiff qualification. And provide some feasible recommendations on how to prevent these problems.This paper is divided into the following three parts:The first part is an outlined on environmental public interest litigation. By elaborating the concept of specific environmental public interest litigation, the public will have a basic understanding, which also provides some theoretical support for the paper. Environmental Public Interest Litigation is that the individual sue those who harm the interests of the social and public environment for the public interests of the society as a whole. It is impacted by the political economic and cultural. The main feature is that the sue is only for public interests.In addition, according to different criteria, the environmental public interest litigation can be divided into different types, different types of environmental public interest litigation directly determines who have the environmental public interest litigation plaintiff qualification. Environmental public interest litigation is not only conducive to the formation of public policy, will also help to improve the legal system, and ultimately to achieve a comprehensive and coordinated development on economic, political, cultural and social.The second part is main part of this paper. The paper described the concept of the plaintiff qualification as well as the Environmental Public Interest Litigation Plaintiff Qualification, pointed out that the conditions to become environmental public interest litigation plaintiff qualification lied in:in the environmental public interest litigation the defendant must have some causal relationship between the illegal infringement; Then the article mainly describes the specific provisions on environmental public interest litigation plaintiff qualification abroad. Through the investigation of the common law and civil law, I got some inspiration on environmental public interest litigation system; pointed out that the specific provisions on environmental public interest litigation plaintiff qualification of our country, and the reason why expand environmental public interest litigation plaintiff qualification.The third part is the focus of this article. First, I have introduced the necessary theoretical on the expansion of environmental public interest litigation. Then I revealed the specific path of the expansion of China’s environmental public interest litigation plaintiff. Last, I concluded some of the problems of the environmental public interest litigation after the expansion of the plaintiff qualifications and put forward some feasible recommendations of how to prevent these problems.The main contribution of the paper:By using case analysis method, comprehensive analysis and comparison method and other methods, I have collected enough data to explain what environmental public interest litigation is. By reading the literature home and abroad, I introduced the relevant provisions of the Environmental Public Interest Litigation Plaintiff Qualification. The innovation of this paper is that:first, lawyers and the Bar Association, and environment-related research institutions included can be the environmental public interest litigation plaintiff qualification range. Lawyers with its expertise in the professional aspects of environmental public interest litigation may be brought directly to conduct their own independent professional judgment; second, established institutional safeguards on the rights of the various subjects listed. In terms of individual citizens, the paper directly discusses the protection of the individual. In order to encourage individual citizens to sue, we can offer a range of incentives. We can take the measures paid in advance by the relevant departments of the State; we should continue to improve the system of the burden of proof, and so on.Course, there are also certain inadequacies. First, there may be some problems in the structure of this article and writing point of view. The content is confined to the environmental Public Interest Litigation plaintiff Qualification will make the papers seem unreasonable. Second, the innovative on the question may be insufficient. Furthermore, my writing skills are to be improved. The lack of experience led directly to an unreasonable structure.Overall, a detailed and thorough examination of environmental public interest litigation system is made in this paper. As a new litigation system, environmental public interest litigation can not only reflect the environmental requirements of democracy. To some extent, such right is a manifestation of environmental rights in the field of environmental public interest litigation. It can be said that it is an important sign when the legal personal standard shift to the social standard. It can drive the development of the entire public interest litigation. The expansion of the environmental Public Interest Litigation plaintiff Qualification can also strengthen the supervision of public behavior undermine the bad environment. There can also be a lot of savings in judicial resources if Civil Environmental plaintiff qualified expands.
Keywords/Search Tags:environmental public interest litigation, environmental publicinterest litigation the plaintiff qualification, plaintiff eligible expansion
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