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On The Implementation Issue Of The Civil Environmental Public Interest Litigation System In China

Posted on:2016-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y H BaiFull Text:PDF
GTID:2296330482974903Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the world economy,environmental pollution and ecological damage and other issues are becoming increasingly serious. So,the whole international community pays more and more attention to environmental issues.Since the reform and opening up of our country, economic development rapidly,environmental problems are becoming increasingly prominent.Faced with this kind of environment dilemma,our country from the state to the public are beginning to realize the importance of environmental protection,actively seek the means to stop the destruction of the environment.Judicial practice,in numerous litigation ineans,the most representative of the civil environmental public interest litigation.In environmental public interest litigation,our country in the theory and practice of continuous exploration,at present,eloped a series of legal and judicial interpretations.These legal and judicial interpretation of civil environmental public interest litigation provides a specific legal basis, but there are some differences and problems in the implementation, we need to study to solve the problem,To promote the development of civil environmental public interest litigation system.This paper first introduces the legislative and judicial practice of environmental public interest litigation system in China.Due to the lack of relevant laws and regulations at the beginning stage,Through the establishment of local laws and regulations, the establishment of environmental protection court or the environmental protection of the form of a full court, carried out the effective judicial practice.On this basis, our country revised the law, the formulation of judicial interpretation, improve the environmental public interest litigation system. Secondly, the problems in the implementation of the civil environmental public interest litigation system are studied and. the solutions are put forward.One is to interpret the provisions of the environmental,public interest litigation and the social organization of the law,Put forward my own opinion on the possible differences and problems in implementation.Two is in the scope of the application of environmental public interest litigation,analysis of the relevant laws and regulations inconsistent with the judicial interpretation,a solution method is proposed for the implementation of the problem.Three is the application of the provisions of the cost of litigation in the implementation of some of the applicable problems,specific suggestions are put forward in combination with practice.Four is to analyze the problem in the proceedings.Finally, to solve these problems and put forward suggestions for improvement,including,as soon as possible in the law expressly provides for the specific scope of the agency,the procuratorial organs in the scope of the qualification of environmental public interest litigation,encourage and promote the development of social organizations in order to adapt to the requirements of public interest litigation,gradually give the subject qualification of civil proceedings,acceptance of international advanced litigation concept,to define the concept of environmental right in the Constitution and law,improve the system of litigation costs.
Keywords/Search Tags:Environmental public interest litigation, Plaintiff qualification, Applicable Scope, Environmental rights
PDF Full Text Request
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