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On The Environmental Public Interest Litigation In The Expansion Of The Subjective Scope Of Res Judicata

Posted on:2014-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2266330401473376Subject:Environment and Resources Protection Law
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Occurrence with environmental issues more and more people are directly affected by the impact of environmental pollution, people realize that only relying on the administrative organ has not been enough to protect environment.and through judicial are more effective. Environmental public interest litigation as a new litigation to protect environment are the times require. Along with our country new revised " Civil Procedural Law " to join the public welfare lawsuit clause, the future to protect environment cases will be more and more through judicial. But it is undeniable that China’s current environmental public interest litigation is still in the initial stage, the research on this kind is so less, this perspective is one of them. Through the environmental public interest litigation and the subjective scope of res judicata expansion theory, will make it clear that what circumstances can the environmental public interest litigation judgment effectiveness of expansion, to prevent the same lawsuit.This setting can effectively prevent the occurrence of bad action, saving the judicial cost, enhance the judicial authority.This text is divided into four parts, the main before is the introduction part, In this part, mainly the significance of this topic and the research status of domestic and overseas research are introduced, and the paper is used as described in the innovation point of the paper and research methods.The first part is the basic theory introduction. Because of the environmental public interest litigation theory and the theory of res judicata is two a complex theoretical system, which involves many professional and profound theory and many disputed parts.So it is necessary to make it clear.The second part mainly discusses the current situation of China’s environmental public interest litigation and judgment subjective scope, analysis that in China at present is based on the situation of China.The third part is the introduction and analysis of the environmental public interest litigation in foreign countries and its judgment subjective scope, through the analysis of relevant institutions abroad, absorbing the effective way to solve it abroad in solving the related problems.It is also can provide reference for perfecting the system of our country.The fourth part is based on the idea of the above three parts. The most difficulty part about this is now we has not built a system about environmental public interest litigation.I suggest that the establishment of such a system and improvement of the Group Litigation involving a large number of environmental public interest litigation the res judicata subjective scope of expansion...
Keywords/Search Tags:Environmental public interest litigation, Res judicata, The expansion ofres Judicata
PDF Full Text Request
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