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Research On The Definition Of Environmental Public Interest Litigation

Posted on:2016-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z YinFull Text:PDF
GTID:2296330461976369Subject:Law
Abstract/Summary:PDF Full Text Request
Facing the increasingly serious problem of environmental pollution, public interest litigation has apparently become the current environmental welfare relief cornerstone as a type of special Litigation. The environmental public interest litigation is highly expected by law circles and environmental public interest organizations. In recent years, the environmental public interest litigation caused widespread concern in legal circles and judicial circles, especially the principle of provision of public welfare litigation system of the new civil procedure law. The environmental public interest litigation has become hot-spot issues of current law theory circles.However, the implementation of environmental public interest litigation in judicial practice is difficult and many of the so-called environmental public interest litigation cases are not actually the true public welfare lawsuits. In addition to the existing legal system is not perfect, another important factor lies in the theoretic and practical field. They did not form a unified understanding of the environmental public interest litigation and many scholars on the problem definition are still unable to agree on. The writer mainly intends to illuminate the difficulty of the academic and practical circles which lies in the understanding of the differences of the environmental public interest litigation on the lawsuits filed of subject, object and purpose of such litigation through the method of case analysis of "Tasman Sea" and round of oil spill pollution of three such cases in three aspects,. The thesis will take the three aspects as the basic starting point and the combination of various domestic scholars point of view to analyze the reason of the environment public welfare lawsuit definition. At the same time I will preliminarily define environmental public interest litigation on the basis of the advanced theory and practice experience of foreign countries on the litigation object, subject and procedure for the purpose of prosecution selection criteria for environmental public interest litigation. Significance I will deeply analyze the definition of environmental public interest litigation which has great significance on inversion of burden of proof, the larger amount of the plaintiff and the expansion of judicial practice in order to improve and build China’s environmental protection and related litigation system.
Keywords/Search Tags:environmental public interest litigation, litigation object, subject of litigation, litigation purpose, definition
PDF Full Text Request
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