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Research On Standing Of The Civil Action For Environmental Public Interest

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:P XuFull Text:PDF
GTID:2266330428965440Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, a variety of environmental pollution incidents continued to emerge. Take the year2013for example. A succession of events happened such as Shanxi river pollution caused by aniline leaks, Beijing sustained haze days, Shandong Weifang groundwater pollution and Huangpu River dead pigs floating event and so on.Frequent environmental events warned us that it is high time to take actions to protect our environment. Environmental Civil Litigation is undoubtedly an effective means to make up the current inadequate environmental legal remedies.2012"Civil Procedure Amendment Act," officially establishes public interest litigation system, which opens the door of public interest litigation, but thin provisions bring a lot of problems and confusion to judicial practice, what’s more, relevant judicial interpretations are not yet introduced. Clearly defining the scope of environmental public interest litigation in civil plaintiff qualification is the current urgent problems. Only when qualified plaintiffs are clearly defined can the normal proceedings to protect the environment charity. start.Plaintiff qualification is the cornerstone of environmental public interest litigation system as well as the first problem to face in the litigation. Civil Procedure Law of the traditional "direct interest" theory leads to civil plaintiffs lack of eligibility in the environmental public interest litigation, which makes it difficult to provide a complete theoretical support and legal basis for the Environmental Civil Litigation. Throughout most countries, a particularly civil law country, civil procedure legislation contains environmental public interest litigation or similar relief system and environmental public interest litigation subject is mostly expressed in written law. As to environmental public interest litigation plaintiff qualification issue, the most representative theories include Public Trust Doctrine, Private Attorney General Theory and Environmental Rights Theory, which are of great use to us.Due to the backwardness and lack of legislation, the status quo of China’s environmental public interest are judicial practices go ahead of the corresponding legislation. In our current judicial practice, not only the procurator, the environmental protection department and other state agencies, but environmental groups and other community organizations may also bring public interest litigation as a civil plaintiff except for individual citizens. The active exploration in judicial practice, made some worth learning outcomes, such as the establishment of "green court". But the narrow subject qualification and ill-defined environment litigation seriously affect the development of China’s civil public interest litigation.Environmental protection administration departments and prosecutors have their own natural strengths, which makes them environmental welfare eligible civil plaintiffs. Environmental organizations have been an active practitioners and advocates of environmental protection, as long as under the correct guidance and scientific management, they will become the main force of environmental public civil action. While giving citizens the right to a civil public environment interest litigation may lead to complaints of possible abuse, but in the long-term of protecting the environment public interest, they should be qualified plaintiffs given some conditions The amend of the Civil Procedure Law initially established China’s environmental public interest litigation plaintiff qualification range, which is certainly progressive but there are still some questions and improvement space; to further refine and define the content of public interest litigation plaintiff qualification is to ensure the effective operation of the subsequent judicial practice.
Keywords/Search Tags:Public Interest Litigation, Environmental Authorities, Prosecutor, Social Organization, Citizen
PDF Full Text Request
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