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Study On The Plaintiff Qualification Ofenvironmental NGO In The Environmental Public Interest Litigation

Posted on:2015-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y G HouFull Text:PDF
GTID:2296330434454488Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In recent years, ConocoPhillips oil spill, Hunan Liuyang cadmium pollution, the Zijin Copper acid leakage as a representative of a series of environmental pollution accidents, not only causes environmental pollution and ecological damage is serious, also affected the normal local people’lives, andevenendanger the safety people’slives, health, property, important it high lights the significance of environmental protection in the current social life.Environmental protection should become the consensus of the whole society,the government alone, the weak strength is not enough, need all public actioninvolved in environmental protection and public interests. It is important thatthe establishment of environmental public interest litigation. Italy Romescholars Peter Rowe bonfante that,"for the maintenance of public interestlitigation and fine set for the public litigation, the public has a right to mention itany." On the public interest litigation, environmental protection and other subjects compared to NGO has a unique advantage, but there are stillproblems, how to solve these problems and give full play to their own advantages, related to the healthy functioning of the environmental public interest litigation.At present, our Yunnan, Guizhou, Jiangsu and other places according to the practical situation of the protection of environment and resources, have been set up to court, but the court of the environmental protection after the establishment, but encountered "neglected" situation, the reason is due to the lack of environmental public interest litigation system of perfect our country,and the problem of the plaintiff of environmental public interest action is the key problem of environmental public interest litigation system, to study them in depth, so as to construct the plaintiff of environmental public interest litigationsystem, the effective protection of human beings the plaintiff of environmental public interest litigation system, the effective protection of human common environmental interests.In view of this, this paper tries to analyze the environmental NGO Chinapractical difficulties in the environmental public interest litigation system, and points out the existing problems. In order to solve this problem, the Americanwere used as the representative of the Anglo American law system, based on the environmental NGO experiences of the continental law system represented by Germany, and comparative analysis, to propose the empirical model ourreference, the formation of a strong feasibility, suitable for China’senvironmental protection NGO plaintiff qualification in environmental public interest litigation system, improve suffered or could suffer from China’s environmental public interest, not timely, effective relief situation, in order to play the social function of environmental protection NGO, solve the environmental problems in China, in order to realize the socialist ecologicalcivilization in our country, the beautiful shape China.
Keywords/Search Tags:Environmental administrative, Adminisrative compulsory, Enforcementmeasures, Enforcement execution
PDF Full Text Request
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