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Plaintiff Study Of The Environmental Public Interest Litigation

Posted on:2013-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:H F YangFull Text:PDF
GTID:2296330362464429Subject:Law
Abstract/Summary:PDF Full Text Request
With the accelerated urbanization process, more and more problems of environmentalpollution come out in recent years. Facing these problems, the litigation is the commonmethod to resolve environmental disputes. While environmental interests of the parties are notdirectly infringed in some environmental problems, who submit litigation for public interestsof environment. Therefore before submitting litigation under this situation, first of all, theparties、plaintiffs and defendant of the litigated disputes should be confirmed. The defendantsmay be the individuals or organizations infringing environment, maybe also state organswhich fails to perform environmental responsibilities.The article will address the problems of plaintiff of the public litigation of environment,who is the initiator of the litigation procedure. While due to the theory of limited qualificationof the plaintiff, not everyone can be the plaintiffs of any litigation procedure. The most part ofthis article will focus on the study the plaintiff system of public interests of the environment,and broaden the scale of qualified plaintiff of public interest of the environment. Specifically,I believe that Procuratorial organs、citizen inviduals、environmental community can be theplaintiffs of public litigation of the environment, Environmental administrative organs can notbe the plaintiffs of public litigation of the environment. Of course, They bring environmentalpublic interest litigation has its own shortcomings and deficiencies.we can refer to theoutstanding experiences of other countries in order to make the massy fundaments for plaintiffsystem of public litigation of the environment.
Keywords/Search Tags:Environmental public interest litigation system, environmental rights, the Plaintiff, Class Action
PDF Full Text Request
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