Problems Research Trust Litigation

Content:Trust litigation system is full of disputes in the area of civil action in ourcountry,. Some scholars take the trust litigation system as the undertaking system in ourcountry. Some scholars take it as a type of the invalid trust system provided in the TrustLaw; Some scholars take it as the method to solve the flaw of the litigant system ofadministrative litigation. It is the opinion of this thesis that the study of trust litigationmust be on the basis of argumentation of the basis of substantive law of the trustlitigation and the use of trust litigation in reality. As a theory existing in theBritish-America Law system for hundreds of years, public trust doctrine has shownenormous strength in public interest litigation in British-America law system countries.And therefore the principle of public trust in foreign countries, particularly in commonlaw countries has been a mature theory. Although the principle of public trust hasbecome a great interest and charming to scholars of our country, the principle of legalpractice in our country has not been fully utilized. In this thesis, the research of theprinciple of public trust has been made and the origin as well as the development of theprinciple of public trust has been discussed. Although the leaders of the party and thegovernment put forward the harmonious development of the strategic concept of ourcountry and also set up a relatively complete legal system of environmental resources.However, as the last protection method of the citizen the right, judicial relief cannot beused in practical, the accidents of environmental pollution and ecological damage canbe found everywhere in daily life. Although the media has reported and exposed manyenvironmental pollution and damage, but the power of judicial proceedings for thepublic protection of the environment has appeared to be inadequate. The short ofjudicial relief procedures are the main problem of implementation of the law of ourcountry facing us. The root causes of our country are the Code of Civil Procedureregarding the system of the parties can not meet the specific demand of publicenvironmental law system. In this thesis, the comparison between trust litigation systemand other relevant system is made on the basis of the environmental commonweallitigation in order to expatiate on the characteristic of trust litigation. Through thereference and comparison, this thesis puts forward the opinion of establishing the trustlitigation system and admitting the superiority of environmental protection group beingthe main body in environmental litigation. In this thesis, the practice application of trustlitigation of has been discussed from the point of the main proceedings, the types of litigation, the interests of the litigation trust. Trust litigation, taking into account of theproblem of abuse of the right to appeal in the practice of trust litigation, this article putsforward the solution suggestion from the points of view of prevention and punishment.