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Environmental Administrative Public Welfare Lawsuit Procuratorial Organs Of The Plaintiff Eligibility

Posted on:2017-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y H TangFull Text:PDF
GTID:2336330488951552Subject:Law
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Environment belongs to public property from its definition.Therefore,it is a responsibility for us to protect the environment.In recent years,with the acceleration of the process of industrialization.,ecological public interests suffer continuing damage.The factors for the damage of environment are varied,including the inactivity of administrative authorities.In our daily life,it is so easy to observe many environmental pollution cases,such as TengGeLi case.The continuous emerge of environmental pollution cases was related to the inadequate work of administrative authorities.Their staff appear the phenomenon of "abuse of power",which ordinary people would not resist,because they probably never able to assert himself sufficiently in the end.However,there is no a specific legislation for solutions to the above problems.So,we need to have corresponding regulations made by Chinese characteristiclegislative mode.It is the key to harness the power of the Administrative Procedural Law.Environmental issues cover many aspects and have no specific party,which lead to environmental issues can not be resolved by specific administrative procedure.Therefore,author holds the opinion that the rules about the scope of suitors are too narrow and procuratorial organs are appropriate to become a plaintiff.The author thinks that this article should be divided into three parts and be a total of five chapters.The first part includes chapter one,which offers the orientation of this thesis with typical cases.The paper analyses real-world case,which enhances persuasiveness and operability of the thesis.From the second to the fourth chapter,there is a detailed analysis of the plaintiff.The second chapter introduced that different scholars hold different attitudes towards it and the reasons why they are support or oppose.Through summing up data,coupled with some of the author's independent thinking,the writer support procuratorate as plaintiff in litigation.The third chapter introduced the theoretical basis and normative basis of the plaintiff.The fourth chapter demonstrated argument is feasible by introducing the extraterritorial aspect,which compared specific law inFrance? Britain?the United States and so on.the third part is the fifth chapter,which introduced the establishment of the corresponding legal system.
Keywords/Search Tags:Procuratorial organs, Environmental administrative public interest litigation, The plaintiff qualifications
PDF Full Text Request
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