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Environmental Protection Of Public Interest Litigation In Our Country ENGO Participation

Posted on:2014-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:J C PanFull Text:PDF
GTID:2266330392463326Subject:Law
Abstract/Summary:PDF Full Text Request
The natural environment and ecological resources, belonging to the common propertyof all citizens, embodies the demands of the public interest for the development andutilization. The unique attributes of the natural environment and resources, determineif to assault or damage to the natural ecological system, the corresponding harm andthe influence of time must be long. Nowadays home for environmental protectiontype of administrative control and guarantee of litigation mode, mainly state organsexercise their power, ENGO as a representative of the participation of social forces iscomplementary. Countries in the field of environmental and ecological protection hasplayed a dominant role beyond doubt, but the attenuation of the non-governmentalorganizations and other civil society, is not conducive to the long-term healthydevelopment of environmental protection cause. Constrained by ENGO in registrationof establishment, capital source, technology support, activities, and other fields, isaffected by the government, so that it is difficult to run autonomously and to carry outenvironmental protection activities, more don’t theory play its unique role in theenvironmental public interest litigation and influence.Chinese civil procedural law "after the revision, definitely give conform to the law ofthe organization to the rights of environmental public interest litigation, theenvironmental protection of construction and improvement of the public welfarelawsuit system has extremely important significance. Constrained by lack of relevantlaws and regulations, further clear rules, the current domestic environmental publicinterest litigation system is a lot of space to improve and perfect. The United States,Germany and other western different experience in the field of law countries in theprotection of the environment public interest litigation, and participation in thedevelopment of the environmental public interest litigation the ENGO, for the ENGOto participate in the environmental public interest litigation in our country provides agood option for reference.Based on perfecting the existing ENGO participate in environmental public interestlitigation mode, discusses the domestic ENGO to participate in the environmentalpublic interest litigation legal protection issues. Full text from four aspects, the firstpart discusses the environmental public interest litigation and the correspondingcharacteristic of ENGO basic concept, function, category, etc; Second part for thecreation of an environmental public interest litigation theory to carry on the example,and combining with America, Germany and other countries in the regulation measuresand experience of ENGO to participate in the environmental public interest litigation, analyses the domestic ENGO deficiencies in their own development, and toparticipate in the current situation and problems of environmental public interestlitigation; Third part in view of the above analysis, combined with the experience ofrelevant countries, and to consummates our country existing ENGO participationsuggest a series of environmental public interest litigation, to construct and perfect thecontribute the environmental public interest litigation legal system.
Keywords/Search Tags:Environmental public interest litigation, ENGO, suit qualification, policy guarantee
PDF Full Text Request
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