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The Empirical Analysis Of Plaintiffs’ Main Qualification System Of Environmental Public Interest Litigation

Posted on:2016-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y FanFull Text:PDF
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With reform and opening, our country’s economic growth is widely recognized, but the fast development of economy is also the sword with two edges. At the same time of bringing the convenient living condition, it makes us face the more and more severe pollution. But the victim of environmental pollution is not only one side, but is involved in public interest. However, the defense of public interest is facing greater difficulty than private interest. The most important question is plaintiffs’main If we want to settle the problem, environmental nonprofit litigation formulated and perfected by China’s legislative body is badly needed to realize the practical guarantee to Environmental public interest and effectively contain environmental pollution and ecological damage.Environmental nonprofit litigation as the litigation system offering legal remedy to environmental public interest has arose the high attention of theoretical cycle, and within the whole environmental public interest lawsuit system, the most important thing is the determination the accusers’subject qualification of environmental public interest litigation. Only the qualified plaintiff’s litigation can bring the environmental conflict into lawsuit procedure. So, the determination of the plaintiff’s subject qualification in environment public interest litigation is rather important and imperative.From the structure point of view, the whole context is divided into five parts. The first part is the introduction of the environmental pollution status in quo.The second part mainly introduces the relevant concepts of environmental public interest litigation and plaintiff’s subject qualification and the necessity of researching on plaintiff subject qualification in environmental public interest litigation.The third part through selecting the typical environmental nonprofit lawsuit cases in China’s juridical practice to analyze the law restrictions facing different plaintiff subjects. The fourth part, through contrasting the environmental public interest lawsuit system of America and Japan, to analyze the advantage we can use for reference. The fifth part, through the concrete analysis of the previous four parts, we offer the constructive advices and measures to environmental public interest litigation system.
Keywords/Search Tags:Environmental pollution, Environmental Public Interest Litigation, Plaintiffs’ Main Qualification, System Improvement
PDF Full Text Request
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