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On The Perfection Of Environmental Public Interest Litigation System

Posted on:2014-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:H J NiuFull Text:PDF
GTID:2266330425956203Subject:Law
Abstract/Summary:PDF Full Text Request
The environmental issue has become a serious social problem and heavy pressure facing countries in the process of modernization, and has caused widespread concern of all the countries of the world and all mankind. Our country is in a key period of reforming and developing. However, in the process of human’s transformation to create the social environment and the natural environment, the constant interplay caused serious environmental problems and ecological crisis. In recent years, environmental pollution events occurred frequently, just like the Songhua River water pollution in2006, Liuyang Cadmium Pollution Incident of Hunan province in2009, as well as Aniline Spill Accident of Changzhi in2012. These events are vital to the live hood, and have severely impacted people’s health and the sustainable development of social economy in China.Today’s way of punishing environmental violations mainly rely on environmental law enforcement activities, however the results are often unsatisfactory, and this traditional means has been difficult to solve the problems of the moment. Under such circumstances, the importance of the social supervision to curb environmental violations is increasingly emphasized by the executive and judicial branches. Nevertheless, the lack of law and public participation ability making it difficult to achieve the expected effect on environment protection. These bottlenecks above restrict the development of environmental public interest litigation, and therefore many main victims’legitimate rights and interests can’t receive timely relief. However, western countries have made a good progress in the environmental public interest litigation, and I believe that these experiences abroad have some referential significance to the improvement of China’s environmental public interest litigation system.It is a significant advancement of the socialist rule of law to attach great importance to the protection of the environment public interest litigation. Nowadays people’s environmental awareness is growing, and the government also pays more and more attention to the environmental public interest litigation. The latest implementation of the "Civil Procedure Law of PRC, Article55, states that with harming the public interest in the behavior of polluting the environment and harm consumers’legitimate rights and interests, the authorities and relevant organizations of the law may lodge a lawsuit with a people’s court. This article mainly solves two problems:range and subject. The environmental public interest litigation system is also established by this litigation code. Although this provision still attached with a lot of problems, but it is considered to unlock the door of the environmental public interest litigation, and a effective way to protect the environment and the earth. Countries with a sound legal system have completed the construction of the environmental public interest litigation system. We should also keep up with the trend of times, accelerate the construction of China’s environmental public interest litigation system progress. The perfection of the environmental public interest litigation system can not only help to prevent and combat public welfare abuses, but also promote social justice and orderly development of economy.
Keywords/Search Tags:Environmental Public Interest Litigation, Environmental Violations, Environmentalprotection, Public Interest
PDF Full Text Request
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