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Study On Plaintiff Qualification Of Environmental Administrative Public Interest Litigation In China

Posted on:2016-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
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With the newly revised and implementation of the "Code of Civil Procedure"and "Environmental Protection Law", as well as the face of increasingly seriousenvironmental pollution, ecological damage and other environmental issues,environmental public interest litigation once again become a hot topic of discussion.Although China’s environmental law rather late, but after decades of efforts, China’scontinuous development and improvement of environmental law, environmentalpolicy has also been related to the introduction, but the environment has not beeneffectively controlled. One important reason is that the policies and regulations didnot strictly implemented, which is China’s environmental law enforcementmechanisms defects are inseparable. China’s environmental Law relies on thegovernment to exercise environmental supervision and management of theimplementation, lack of the necessary mechanism for public participation. The newlyrevised "Environmental Protection Law" stipulates the responsibilities and powers ofthe government to protect the environment more. However, in practice, someexecutive for their own political interests, economic interests and other considerations,to make unlawful administrative acts causing damage to the environment, to becomepolluter’s "accomplice". At this point we need to supervise the exercise of power. In ademocratic state of law, private rights of public power constraints is the mosteffective methods of supervision, in the face of environmental damage caused byillegal acts of the executive, should be given the right to bring more of the mainenvironmental administrative public interest litigation.In establishing our environmental administrative public interest litigation system,which it should be given the main plaintiff qualifications? How environmentaladministrative public interest litigation filed plaintiff to make a scientific systemdesigned to protect the rights of the plaintiff realized? As the core issue ofEnvironmental Public Interest Litigation-Plaintiff qualifications, this article throughliterature analysis, comparative analysis, empirical analysis and comprehensive analysis method to start on. This article is divided into four parts altogether, firstly,due to environmental damage has its particularity, in the implementation of the newEnvironmental Protection Act of environmental enforcement have higherrequirements, in order to emphasize the necessity of Environmental Public InterestLitigation. Secondly, theoretically Environmental Public Interest Litigation wereanalyzed and discussed in the main draw foreign mature theory of environmentaladministrative public interest litigation. Thirdly, face to China’s Environmental PublicInterest Litigation make an objective analysis, mainly from the country’s legislative inthe absence and judicial practice problem, then put forward China should relax theplaintiff qualification, giving more body lift Environmental Public Interest right ofaction to better protect the environment, the public interest. Finally, previoustheoretical research paper based on the current situation of the environment andpublic administrative proceedings analysis, according to China’s national conditions,to establish China’s environmental administrative public interest litigation plaintiffqualification range concluded. Clearly defined in the law gives prosecutors, citizenand social organizations to bring the qualification of environmental administrativepublic interest litigation, and the specific system for each plaintiff environmentaladministrative public interest litigation filed body was designed to ensure therealization of their rights. Through discussion of this article, the expectations of theestablishment of administrative litigation of public interest in the environment to helpthe plaintiff eligibility.
Keywords/Search Tags:Environmental Public Interest Litigation, The administrative litigation, Theplaintiff qualifications, System design
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