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Environmental Public Interest Litigation Plaintiff Appropriate Grid Problem

Posted on:2016-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
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The problem of environmental pollution in China has become an important factor to hinder the development of economy.In recent years,environmental pollution issues happen frequently,environmental issues are increasingly cause the attention of public.The most effective way to resolve environmental problems is environmental public litigation.And the public interest litigation is becoming a topic which the theory circles and practice circles to actively participate in the discussion.The plaintiff standing problem is the most importment topic in environmental public interest litigation.The 2012 newly revised “Civil Procedure Law”for the first time gives the system of environmental public interest litigation legal status,and the scope of environmental public interest litigation plaintiff is defined in the legal provisions of the 2015 new ”environmental protection law” will be limited in the provisions which registrate in the civil affairs department of municipal districts for more than five years,and in recently five years with no illegal or criminal records.And they must be dedicated to environmental public welfare organization.And in accordance with “The civil procedure law” and “Environmental public law”,individual citizens are completely excluded from the environmental public interest litigation plaintiff,the environmental public interest litigation plaintiff of environmental pollution and the increasingly environmental public interest cases.What is the law of the authorities,and how these authorities to exercise the right to appeal environmental public interest litigation,the law does not clearly stipulated.Through a comparative analysis of the main country in the world of environmental public interest litigation system,the practice is to scope a wide range of environmental public interest litigation plaintiff.And give more subjects of environmental public interest litigation plaintiff qualification.Learning from the legislative experience of advanced countries,the future legislation and judicial practice should be given individual citizens,environmental protection NGO,environmental protection administrative and procuratorial organs of the four main environmental protection administrative and procuratorial organs of the four main environmental public interest litigation plaintiff qualification.In the prosecution of cis position as a public authority of the environmental administrative organs and procuratorial organs should be prior to the exercise of private rights protection NGO and individual citizens.Public power internal environmental protection administrative organs are responsible for environmental management and pollution control authority,the prosecution of procuratorial organs cis position is superior to exercise the right of public prosecution and legal supervision power.Consider of the professional knowledge and comprehensive strength,environmental NGO should take precedence over indibidual citizens.
Keywords/Search Tags:environmental public interest litigation, plaintiff qualification, individual citizen, environmental protection NGO, procuratorial organs
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