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Study On The Plaintiff Qualification Of Environmental Public Interest Litigation

Posted on:2017-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ZhangFull Text:PDF
GTID:2296330485458849Subject:Law
Abstract/Summary:PDF Full Text Request
More than 30 years of reform and opening-up,china,has obtained remarkable achievement.Achieved sustained and rapid economic growth,comprehensive national strength has further improved,people’s livelihood has improved significantly,people’s living standards improve,entered the overall well-off level,democracy,rule of law consciousness enhancement,social harmony and stability,culture and sports and prosperity.But in the achievement at the same time,we also face challenges at the same time,China’s environmental problem is increasingly serious,but is closely related to the environmental problems of environmental public interest litigation system has never been perfect.Environmental public interest litigation system,as an important environmental system,have urged environmental administrative law enforcement,and urge enterprises pollution consciously abide by the law,so as to promote the protection of the environment public welfare function,therefore,to study how to perfect the system of environmental public interest litigation in our country,has its deep realistic necessity.Based on this,this paper through the larger influence on environmental public interest litigation system in our country introduces the environmental protection in the case of an overwhelming Taizhou,summing up the seven controversial focus of the case,introduced the focus of the most controversial,the problems in this paper to study.The environmental public,should,interest litigation plaintiff qualification in China.Second,through to the plaintiff qualifications,public interest litigation plaintiff qualification,environmental public interest litigation plaintiff qualification such as the introduction of basic concepts in detail,in the legislation of our country environment public interest litigation plaintiff qualification,the law provisions in the local judicial practice in the process of exploration in China have different legal effect is discussed in detail,so as to reveal the law in our country in the environmental public interest litigation plaintiff qualification and not perfect places,in order to further improve the environmental public interest litigation system to guide the direction of our country.Again in this paper,the necessity of perfecting our country’s environmental public interest litigation plaintiff qualification to discuss,and to consummates our country environment public interest litigation plaintiff qualification path of its recommendations,and mainly introduced several kind of main body in the programdesign advice,for further consummates,our country in terms of system of environmental public interest litigation plaintiff qualification has important significance.Finally,this article through to the conclusion of further environmental public interest litigation system in China,on the basis of the rich and perfect the system of environmental public interest litigation in our country,formed the core of the research results in this paper.In the process of research,this paper mainly adopts the case analysis,historical analysis,comparative analysis and empirical analysis combined with the research methods,and to improve the environmental public interest litigation in our country and solutions for the problems in the full demonstration.Adopt the method of case analysis,mainly to introduce in this paper,by analyzing the Taizhou environmental case for problems for study.Then based on some more influence in the national environmental public interest litigation case quoted to show the progress of the environmental public interest litigation plaintiff qualification system in our country and development.Adopt the method of historical research is introduced in the development of the environmental public interest litigation in our country,such as the provisions of the laws and regulations on environmental public interest litigation from scratch,never accept environmental public interest litigation cases in practice to the part of the court accepted the case,the people’s procuratorate also support prosecution,etc.Adopts comparative analysis method,through to the United States,Germany,some of the environmental public interest litigation plaintiff qualification of the legislation and theory,for the development and perfection of Chinese environmental public interest litigation plaintiff qualification provides a good reference.With the method of empirical research,attempts to our country the development of environmental public interest litigation plaintiff qualification system in detail,and points out that the lack of system design and perfect path.The radical way to perfect the system of environmental public interest litigation in our country is to expand the scope of the plaintiff qualification,should give the conspiratorial organs,environmental protection organizations and individual citizens and the relevant organs of state government environmental public interest litigation rights;As well as a series of system design on the litigation procedure to guarantee the qualification of civil environmental public interest litigation protection,This selected topic research,perfecting the environmental public interest litigation system construction, promote the national economic and social sustainable development,improve the enthusiasm of the citizens’,environmental protection,play the enthusiasm of citizen participation in environmental protection work,etc.,plays a very important theoretical and practical significance.
Keywords/Search Tags:Case Analysis, The Plaintiff Qualification, Normative Analysis, The Empirical Analysis, Perfect Path
PDF Full Text Request
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