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Reflection And Perfection Of The Guarantee System Of Property Preservation Before Litigation

Posted on:2018-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y L CheFull Text:PDF
GTID:2311330515476511Subject:Law
Abstract/Summary:PDF Full Text Request
The environment is good or bad directly related to the quality of human life,with the continuous development of human progress,our living environment is constantly changing,a lot of environmental problems in front of people.All the countries in the world because of environmental pollution to economic development brings seriously impede the phenomenon gradually increased,especially in recent years,with the speed of social development speed is quickened,the industrialization process,the ecological environment of the earth by unprecedented destruction,environmental pollution problems become the urgent need to resolve the main problems,which due to pollution of the environment public interest damage cases increased year by year,bring a lot of unfavorable factors to the social stability and harmonious development of the,has been a lot of people's attention.Although our country has long been aware of the environmental pollution may bring great harm and the environmental pollution problems in the aspect of legislation has made a lot of work,since the founding of the people's Republic of China promulgated a lot of relevant laws and regulations,especially substantive legislation made a lot of work,but with the constant progress of the society,and rights of procedural law did not keep up with corresponding process,has become the obstacles of our country to carry out environmental protection work.Current our country in the aspect of environmental protection,basically are rely on local government to implement the administrative power of environment pollution and ecological destruction behavior punishment,however,in China's current judicial and administrative environment,administrative behavior of dislocation and absence,environmental law enforcement of local protectionism,even powers of rent-seeking and other phenomena,are resulting in many parts of the judicial system and administrative power is difficult to solve the problem of environmental pollution remediation,which requires perfect environmental public interest litigation system to protect the rights of the litigation.This thesis mainly,the environmental public interest litigation system was introduced in detail,the first chapter illustrate the necessity and feasibility of the establishment of environmental public interest litigation system,the second chapter of the environmental public interest litigation eligible subjects were introduced.Chapter three analysis of the environmental public interest litigation of burden of proof of ownership.Chapter four is environmental protection function of China's environmental public interest litigation division level of legal theory and practice two aspects to carry on the explanation,more intuitive to show the system of environmental public interest litigation,making it easy for readers to understand.All in all,in the current environment problem is serious in the context of environmental public interest litigation system must quickly improve,although the current environmental protection work of the situation is not optimistic,but in our country,improve the environmental public interest litigation compared with western developed countries compared to a higher starting point,to some extent reduce the governance and improve the time,through the establishment of environmental public interest improving the litigation system can integrate various social resources and strength,accelerate the pace of China's environmental governance,so that the destruction of corporate and personal environment could receive the social supervision and legal sanctions,to ensure that our country citizen's legitimate rights and interests are protected,safeguard the environmental interests of our society.
Keywords/Search Tags:Environmental Public Interest Litigation, System, Function
PDF Full Text Request
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