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Study On The Qualification Of Plaintiff In Environmental Civil Public Interest Litigation In China

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2296330482976565Subject:Law
Abstract/Summary:PDF Full Text Request
At present, due to environmental pollution and natural resource damage caused by the incident, more and more attention by the government and the public, the enthusiasm of the people involved in environmental protection is also higher than in the past, the Chinese people in the basic solution to the food and clothing, is fast running off at the same time, more and more attention to their own health and environmental development. Environmental civil public interest litigation system is the most effective way to protect the public participation in environmental protection, and it is a great upsurge. With the "people’s Republic of China" and "the people’s Republic of China Environmental Protection Law" was in 2012,2014, the National People’s Congress from the legislative recognition of environmental civil public interest litigation system, environmental civil public interest litigation has entered a new development period. For any litigation, the plaintiffs qualification is unavoidable, since the concept of environmental civil public interest litigation introduction at the beginning of, by the traditional theory of Civil Procedure Law "direct interest relationship" theory, the scope of the plaintiff qualification of environmental civil public interest litigation in the theory circles has been controversial. This article is about the study of the qualification of the plaintiff in the environmental civil public interest litigation, and discusses the different subjects in the environmental civil public interest litigation plaintiffs eligibility, legitimacy and defects, and advocates the improvement of environmental civil public interest litigation plaintiff qualification, and proposes to establish a sound supporting system to promote the development of environmental civil public interest litigation system in China.The first part of this paper is to define the qualification of the plaintiff qualification in the environmental civil public interest litigation, and discuss the narrow qualification of the plaintiff in the ordinary civil litigation, and the theoretical breakthrough of the plaintiff qualification of environmental civil public interest litigation.The second part of this paper describes the environmental civil public interest litigation plaintiff qualification in the practice of legislation and judicial practice in China, the scope of the continuous expansion of the course.The third part of this article is to the environmental civil public interest litigation plaintiff qualification of the theoretical controversy, through the comparison of the two sides of the pros and cons, the procuratorial organs, administrative organs, civil individuals, social organizations are described.The fourth part of this article is the author of the environmental civil public interest litigation plaintiff qualification of the point of view, put forward to relax the plaintiff qualification range, and establish a sound system of supporting the proposal.
Keywords/Search Tags:Public Interest Litigation, Environmental Civil Public Interest Litigation, Qualification of Plaintiff
PDF Full Text Request
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