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Research On Environmental Public Interest Litigation

Posted on:2014-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiFull Text:PDF
GTID:2266330425992850Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
With China’s rapid economic development, GDP steady and rapid improvement of environmental pollution and ecological degradation are also increasingly prominent. Over the past decade major environmental pollution accidents,2004Sichuan Tuojiang King pollution incident, in2005China Petroleum Jilin Petrochemical Company exploded in2007in Dalian Xingang oil pipeline explosion in Dalian Xingang oil spill in2010,2011Penglai spill oil accidents,2012Tianjin groundwater contamination,2013Liaocheng chemical plant explosion. These major environmental pollution accident solving different ways and means to address the extent not the same, the same environment that gave a hit, becoming the shackles of social development and a serious impact on the survival and development of our space. Pollution caused by these major causes of the accident although there are ethical corporate social welfare as well as the lack of the relevant regulatory authorities such as poor management, but a common reason is the lack of a way to be more effective in preventing contamination occurs regime.Environmental public interest litigation system as a system implemented as an advanced environmental justice and environmental democracy, but also a symbol of the growing civil rights awakening, reflecting the rational spirit of the law. The system has been in many countries of the world has played a huge role in environmental protection, which also lack of both developing countries and India. This is perfect for the development of environmental public interest litigation system to provide a reference and a reference template."civil procedure law" amendment has environmental public interest litigation system in the form of law formalized, but from this system in our country should be non-controversial manner generally have a long way to go. Basic Law of the Environment "Environmental Protection Law" being actively modified, the experts and scholars on the subject environmental public interest litigation qualification in a fierce discussion, which also explains the environmental public interest litigation system architecture for the system of environmental law has very important significance, and the significance of its main qualifications are self-evident. Of course, to make the system on track to realize its value only provides lucid main qualification is not enough, other vital parts of the system, including the scope of actionable, remedies, judgments are also many types rather than from the academic environment of a single law medium. Although there from judicial practice, environmental practitioners and the legislature sounds, but these sounds are not universal, consistent, this also from the reflection of China’s current level of knowledge about environmental public interest litigation uneven. But the only consistent thing is that we believe that environmental public interest litigation system on our current state of the environment can play a positive role in our current theory and practice of environmental law requires that the system, which shows that improvement and development of this system is correct choice, but it is also in its infancy stage, the future development of the road a long way.This article from the "benefit" starting on the public interest, public interest environmental analysis of each of the connotation of environmental public interest litigation system and the system to our current environmental issues of great significance were discussed. Committed to environmental law based on the theory of predecessors, through the various reference and scholarly refutation, made their environmental public interest litigation system view. Through advanced system for foreign trips and to explore their legislation proposals build on our system. Designed for China’s environmental public interest litigation system to contribute their perfect little strength.
Keywords/Search Tags:public interest, environmental public, environmental sciencepublic interest litigation system, system improvement
PDF Full Text Request
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