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Research On The Procuratorial Organ Participating In Civil Environmental Public Interest Litigation

Posted on:2016-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:X T LuFull Text:PDF
GTID:2296330482960023Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the upgrading of China’s economic and social transformation, environmental pollution, environmental damage and other problems have become increasingly serious, the public interest suffered serious damage, the community filed public interest litigation, safeguard public interests increasingly strong voice. By urging the lawsuit, support the lawsuit, criminal supplementary civil action, directly bring a civil action and other ways, the prosecutors have carried out a series of practice and exploration in participating the environmental civil public interest litigation. The prosecutors have handling of a certain number of public interest litigation, and achieved good effect supervision, effectively compensated for the environmental damage and the public interest. Based on the existing practice of prosecutors, the thesis analyzes and discusses the problems in practice.The thesis first introduces the prosecution of existing public interest litigation practice patterns and typical cases, clarifies existing problems. Then through the analysis of the concept and the function of environmental civil public interest litigation, combined with the current prosecutorial practices, The thesis draws a reasonable participation scopes of the prosecutors. The thesis also introduces the jurisdiction of the concentration in some provinces, analyze the current model and the feasibility of the centralized jurisdiction. Referring to criminal prosecution, the thesis tries to design the litigation mode of the prosecutors participating in the lawsuit. In the end, it also discusses the appraisal, the principle of liability and the burden of proof in the judicial practice, and tries to put forward feasible suggestions.
Keywords/Search Tags:Public environmental interests, The prosecutor, Public interest litigation, People civil public prosecution
PDF Full Text Request
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