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Reflection And Practical Exploration On The System Of The Procuratorial Organ Filing Environmental Public Interest Litigation

Posted on:2016-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y W MuFull Text:PDF
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The construction of the ecological civilization is a long-term strategy for people’s well-being and national future.This sentence in the 18 th CPC National Congress report is forceful, thought-provoking and emphasizes the importance of the construction of the ecological civilization. At present, the degree and the level of China’s construction of the ecological civilization obviously fall behind the development of economic society. The ecological environment is gradually deteriorating and the ecological resource constraints tightening, which become the obstruction and bottleneck of the sustainable development of society.The environmental public interest litigation includes environmental civil public interest litigation and environmental administrative public interest litigation, which is an important legal system for effective protection of the environment and ecological resources.In China,the legislation related to the environmental civil public interest litigation begins in the Explanation on Several Questions of Law Application in Environmental Civil Public Interest Litigation Cases released by the Supreme Court in January this year, and this latest explanation solves the problems of Jurisdiction, plaintiff’s subject qualification, responsibility, identification, judicial practice to some extent,but still need further improvement and refinement.And in the current Chinese legal system, there is no clear regulation on environmental administrative public interest litigation.And there is no clear regulation on public interest litigation in the revision of the administrative procedure law in 2014. In the latest revised environmental protection law, the theoretical circle have disputes on whether having the legal basis of environmental administrative public interest litigation or not.In this institutional dilemma, the 4th plenary session of 18 th CPC Central Committee puts forward “exploring and establishing system of the procuratorial organ filing public interest litigation”, which guides the direction for us to explore environmental public interest litigation system and has very important practical significance.Under this background, from July 1st this year, the Standing Committee of the National People’s Congress authorizes the Supreme People’s Procuratorate in accordance with the law to carry out two-year public interest litigation pilot work in 13 pilot regions, including Jilin Province. Because W City has accumulated some useful experience on carrying out public interest litigation work in judicial practice, W City is luckily confirmed as a pilot region for procuratorial organ to carry out the public interest litigation work and the key point of work is to file a public interest litigation on the cases of the ecological environment and resources protection.As a constitutional national legal supervision organ, the procuratorial organs has irreplaceable advantage beyond other organizations, no matter in legal status or in evidence collection and supervision on sentence and execution, which greatly promotes the development of the environmental public interest litigation system. Looking from W City’s judicial practice in recent years,the procuratorial organ filing environmental public interest litigation work has gained support and validation from real cases and it fully reflects the essence of the procuratorial functions and duties. For increasing the cost of the ecological violations and strengthening the force of law for ecological environmental protection, it has great practical significance. Therefore, the author takes the judicial practice of W City’s procuratorial organ filing environmental public interest litigation as a perspective, and explores the definition and feature of the environmental public interest litigation and necessity and feasibility of the procuratorial organ filing environmental public interest litigation and gives advice on the improvement of related legal system.
Keywords/Search Tags:Procuratorial Organ, Environmental Public Interest Litigation, Civil Public Interest Litigation, Administrative Public Interest Litigation
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