Font Size: a A A

The Typed Discussion On The Qualified Plaintiff Of Environmental Civil Public Interest Litigation In China

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z J DongFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the past two years, Civil Procedure Law and Environmental Protection Law have been revised, they both involved in Environmental Civil Public Interest Litigation. More than one hundred Environmental Protection Court have been set up, the Supreme Court also set up an Environmental Resources Court in 2014. On January 7, 2015, the Supreme Court explained some issues about trial applicable law(hereinafter referred to the "environmental public interest litigation judicial interpretation"). Then it passed judicial interpretation of the Civil Procedure Law. On July, 2015, the Supreme People’s Procuratorate has developed a "prosecution filed public interest litigation reform plan"(hereinafter referred to "reform plan") and the National People’s Congress overwhelmingly passed the plan. On February 25, 2016, the Supreme People’s Court passed the measures for the implementation which provides a basis for the trial. All these marked our country Environmental Civil Public Interest Litigation proceedings have some clear legal provisions and complete the building of public interest litigation system. But judging from the judicial practice, it still has many problems to take into consideration. First of all, there is still not clear about the agency of law. Secondly, not every social organization can put up this type of litigation. Finally, the individual citizens still cannot take part in as a plaintiff. These problems may due to laking of current environmental legislation and law enforcement, The qualified plaintiff now becomes an important part of this litigation. This paper aims at making sure the standards of the qualified plaintiff in environmental civil litigation and knowing the relaitionship of these plaintiffs.The paper divides into four parts:The first part mainly expounds the definition of Environmental Civil Public Interest Litigation in our country. Firstly, the author expounds the concept and characteristics and analyzes the difference between the Environmental Civil Public Interest Litigation and the Traditional Civil Litigation. Secondly, on the basis of the current situation on qualified plaintiff in litigation, the author explores and broads the standard of the qualified Plaintiff of the Environmental Civil Public Interest Litigation.The second part expounds the present situation and problems of the qualified plaintiff in Environmental Civil Public Interest Litigation in our country from the legislative aspect and the judicial practice aspect. Firstly, the related regulation is fragmented: the Constitution has not been clearly defined some terms of environmental public interest litigation; Although the new Environmental Protection Law stipulates that the social organizations which meet certain standards are eligible to bring about environmental civil public interest litigation, but it only has one item; the new Civil Procedure Law firstly increases some terms of public interest litigation, but the provisions are ambiguous. Secondly, the law has a characteristics of lag, every court in different areas has difficult situations on this litigation. Finally, through the analysis of the status quo of China’s Environmental Civil Public Interest Litigation, the author identifies the problem still exists.The third part illustrates the body who can put up the environmental civil public interest litigation from the theory and the practice view, using the method of Normative Analysis and Empirical Analysis. And sum up that the Procuratorial Organs, Administrative Organ of Environmental Protection, Environmental Protection Social Organizations and Individual Citizens are the four main types which can be treated as qualified plaintiff of Environmental Civil Public Interest Litigation. Secondly, the author puts forward a complete set of suggestions when the three different types of the qualified plaintiff filed this suit.The fourth part firstly elaborates the types of conflicts which brought by the different qualified plaintiffs, then in order to avoid conflict, the author think it needs understand the relationship between the right of the qualified plaintiff: the Environmental Protection Social Organization as the first line, strengthen the construction of Environmental Protection Organizations in line with the conditions, and become the main force of Environmental Civil Public Interest Litigation; Environmental Protection Administrative Organs as the second line, plays the important role of inherent professional knowledge and their responsibilities; the Procuratorial Organs mainly act as supervisors and supporters, which can be regarded as the third line, when Environmental Administrative Departments and Environmental Protection Organizations do not bring the Environmental Civil Public Interest Litigation, it can bring the Environmental Civil Public Interest Litigation to protect the Environment Public Interest. When individual citizens suffered from environmental pollution violations, the main rights are still prosecute and tell the Environmental Administrative Departments, when other appropriate subject has no actions, then the individual citizen can initiate such a lawsuit.
Keywords/Search Tags:The Environmental Civil Public Interest Litigation, Qualified Plaintiff, Environmental Protection Social Organization, Government Agency, Typed Discussion
PDF Full Text Request
Related items