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Study On Plaintiff Qualification For Environmental Public Interest Litigation In China

Posted on:2014-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
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With the fast development of our national economy, especially the modernindustrialization and citilianization, the environment has become worse and worse,resulting in the increase of cases in terms of environmental pollutions.Thus, we have to pay much more attentions on these issues since theenvironment is closely related to our lives. Although we all known this point, weoften make a bad choice between the economic benefit and life healthy. When werealize that our life is threatened by the polluted environment, our fruitful successmeans nothing. Whatever bad things we did on environment, it would feedback to us.Therefore, people are calling for establishing the system of public interestlitigation. In this case, the public interest litigation is introduced into the amendedcivil procedure law, which opens up a new window for the system of public interestlitigation of china. According to article55thof the new civil procedure law “where anact has infringed upon the environment, the civil rights and interests of the publicpeople, any legal state organ and public organization has right to bring an action in apeople’s court”, it has regulated the plaintiff qualification of our nationalenvironmental public interest litigation. However, it is not very clear. It should bementioned that the confirmation of plaintiff qualifications is the most important partof the environmental public interest litigation. So, carrying out the studies on plaintiffqualifications is very beneficial to the development of our national system ofenvironmental public interest litigation.In this thesis, we will clarify our view from four chapters by taking into the newcivil procedure law account.First chapter, we have reviewed the basic principle and characteristic ofenvironmental public interest litigation, the basic principle and development ofplaintiff qualification of environmental public interest litigation as well as thesignificance of confirming the plaintiff qualification of environmental public interestlitigation.Second chapter, the researcher studied extraterritorial theories, principles as well as systems of the plaintiff qualification on environmental public interest litigation.Initially, the basic definitions and theories of the plaintiff qualification from othernations have been expounded. Second, the research focused on the overseasstipulation of the scope of the environmental public interest litigation plaintiffqualification. The last part explained other national standards of environmental publicinterest litigation plaintiff qualification in order to seek suitable positive referencesfor China’s legislation.Third chapter, the researcher stated current state and principle of environmentalpublic interest litigation plaintiff qualification in China. At the same time, based onthe statement of current stipulation, the problems of national public interest litigationplaintiff qualification have been discovered accordingly.Last chapter, the researcher proposed some strategies to optimize theconfirmation of the plaintiff qualification of our national environmental publicinterest litigation. Further, the author proposed some specific suggestions and designin terms of the limitation of the plaintiff qualification of our national environmentalpublic interest litigation, how does four types of plaintiff involves in theenvironmental public interest litigation and the regulations of the plaintiffqualification of our national environmental public interest litigation. Hopefully, theseare helpful to optimize our national system of environmental commonweal lawsuit.
Keywords/Search Tags:Environmental Public Interest Litigation, Standing, Coda of Civil Procedure
PDF Full Text Request
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