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Related Questions Of Environmental Organizations Participating In Environmental Public Interest Litigation

Posted on:2016-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhangFull Text:PDF
GTID:2296330464468214Subject:Environment and Resources Protection Law
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With its rapid development of environmental organizations in our country in recent years, environmental organizations themselves from both theoretical and practical aspects,have inherent advantages in the fields of environmental protection, which will help the environmental organizations become the foundation of the suitable plaintiff of environmental public interest litigation. Our country’s "Environmental Protection Law" has made the environmental organizations become the suitable accuser of Environmental Public Interest Litigation, indicating that China has put emphasis on environmental protection and elevating it to a very high platform.It is definitely a landmark in the process of environmental legislation. Environmental organizations participating public interest litigation in our country do not have much practical experience worth learning.Establishing a separate regime does not represent the system to be successful, a guarantee of success lies in close coordination with related systems, mutual support.That is to say, the core fact is that only with the environmental public interest litigation system has been established, its most solid guarantee could be formed.Compared with the legal system of western countries which originating from its internal space,the character of our country’s legal system originating from outside determined our careful attitude towards the legal making process.Therefore, environmental organizations obtaining environmental public interest litigation plaintiff qualification in the country’s law, undoubtedly opened up a precedent in the process of rule by law.But the fact that we have to recognize is that only environmental public interest system has been established and associated supporting systems have not been established at the same time. Therefore, we can reasonably foresee that it will generate a lot of traditional administrative or civil proceedings that can not solve the problems and aspirations, such as malicious prosecution, abuse complaints, case range, rules of evidence, and so on. If you are still using the traditional legal system to regulate litigation, establishing plaintiff for the environmental organizations,it would be meaningless.The whole environmental public interest justice system will also stagnate. Supporting the establishment of environmental public interest litigation system will be able to supervise the environmental public interest litigation judgments,making it more fair, objective, the winning odds will increase, which is closer to achieving environmental justice, to promoting harmony between human being and nature. Therefore, if the environmental organizations want to ensure their better performance and their effective implementation in the public interest litigation,its matching systems will update and improve it.
Keywords/Search Tags:environmental organizations, environmental public interest litigation, plaintiff qualification of environmental public interest litigation, matching systems, environmental justice
PDF Full Text Request
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