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On Plaintiff’s Standing Of Civil Environmental Public Interest Litigation

Posted on:2014-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q HongFull Text:PDF
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First of all, in order to establish environmental public interest litigation system,we should solve the problem of plaintiff’s standing. Then, qualified plaintiff is entitledto file the lawsuit. From the concept of environmental public interest, this paperconcludes environmental public interest litigation. It introduces the concepts andfeatures of the civil environmental public interest litigation, and analysesenvironmental litigation rights. Article55increased in the revised Civil ProcedureLaw provides the plaintiff of litigation. Considering the juridical practice before andafter amended Civil Procedure Law, this paper points out the problem of Article55.Environmental public interest litigation should be substantially provided inEnvironmental Protection Law when it is being revised. Learning the theory anddevelopment of American environmental public interest litigation’ plaintiff’s standing,the author supposes that Environmental Protection Law should provide plaintiff’sstanding of citizens, environmental administrative authorities and the environmentalgroup in combination with the practical situation of our country.Besides the introduction and epilogue,this paper is divided into four chapters:The first chapter mainly discusses the environmental public interest. This partintroduces the environmental public interest, and the concept and the feature of thecivil environmental public interest litigation.The second chapter mainly discusses the litigation right of the civil environmentalpublic interest litigation. The litigation right is made up of the interest of litigation andthe eligible party. The third chapter mainly discusses the judicial practice of the plaintiff in civilenvironmental public interest litigation. The situation and dilemma of plaintiffposition has been shown in this place. Then this part points out the plaintiff’squalification problems of the article55in the Civil Procedural LawThe forth chapter mainly discusses the plaintiff’s qualification of the civilenvironmental public interest litigation in China. Proceeding from the theory andcriteria of American plaintiff’s qualification, the environmental public interestlitigation should be provided in the Environmental Protection Law to confirm citizens,environmental administrative authorities and the environmental group to be qualifiedplaintiffs.
Keywords/Search Tags:environmental public interest litigation, standing, lawsuit interest, party’s qualification
PDF Full Text Request
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