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Exploration Of Civil Environmental Public Interest Litigation In China

Posted on:2017-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:T T XieFull Text:PDF
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In recent years, with the increasingly serious environmental pollution, environmental violations are also growing, having brought enormous losses to the public interest and the interests of citizens. For the first time, the public interest litigation system is defined in the fifty-fifth provision of the Civil Procedure Law revised in 2012, which provides the legal guarantee for the establishment of the environmental public interest litigation system. However, the contents of this legislation only recognize the plaintiff of environmental public interest litigation as "the organ and the relevant organization", which exclude and restrict the qualification of citizens to bring about the environmental public interest litigation. The Environmental Protection Law revised in 2014 have made further definition of the relevant organizations,but still did not give citizen individual the plaintiff qualification of environmental public interest litigation.One of the highlights in"the Supreme People’s Court on the application of the PRC Civil Procedure Law explanation" revised in 2015 is to confirm the public interest and individual interest litigation, but the present situation that individual citizens still can not present in environmental public interest litigation has not been changed.The above laws makes the public interest litigation has a more clear legal basis, clearly defined the prosecution of the main, so they can be described as a great progress.But more importantly, the defects and drawbacks can not be ignored in the exclusion of citizens to bring environmental public interest litigation plaintiff qualification.Purpose of this thesis is to explore the subject qualification of individual citizens filed the civil environmental public interest litigation. Through the study of the domestic and foreign related theories, laws, regulations and judicial practice, combined with China’s judicial practice and legal status,we analysis the feasibility and necessity of our citizens as civil environmental public interest litigation plaintiff, and compared with other subjects’unique advantages, putting forward perfect suggestions four our country citizen individual as the subject of civil environmental public interest litigation plaintiff, to better adapt to the needs of the judicial practice of our country.
Keywords/Search Tags:civil environmental public interest litigation, the plaintiff qualification of environmental public interest litigation of individual citizens, rationality, concept
PDF Full Text Request
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