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Reflection On The Plaintiff ’s Qualification Of Environmental Public Interest Litigation In China

Posted on:2018-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhangFull Text:PDF
GTID:2336330512483966Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of China’s economy,environmental problems have also occurred,resulting in serious pollution which has been exposed in the public eye.Under this circumstance,the Supreme People’s Court published Explanations of Several Problems on the Applicable Law on Trialing Environmental civil public interest litigation,making the environmental civil public interest litigation become a new hot topic.With the consistent developing of productivity,human society has gradually entered the highly-developed industrial society which has brought severe environmental pollution.A number of environmental hazard cases have happened all the time,such as “The Eight-major Environmental Hazards Cases in Japan” abroad and the chromium pollution case in Qujing of Yunan Province domestically.Despite that pollution of large areas happen frequently,and people receive more and more lessons.However,surprisingly,these behaviors to damage the environment are seldom prosecuted.Besides,since our traditional culture has long held the thinking of “antipathy to litigations”,few people would institute environmental civil public interest litigations for the public interests.Furthermore,even if there’re some people instituting environmental civil public interest litigations to the court,they are always rejected by the court for not being the applicable subjects of litigation.Behind the phenomenon,it is the loss of plaintiff qualification of citizens that matters.Owing to the inappropriateness of plaintiffs for instituting,our national environmental civil public interest litigations are advancing hard.Only if we confirm the subject of plaintiff qualification in environmental civil public interest litigations,can we move forward in our environmental civil public interest litigations.On account that our present civil procedure law still applies direct interest relationship as a standard to judge whether a subject is qualified to become a proper plaintiff,we have to discuss the plaintiff qualification of environmental civil public interest litigations for that this system can hardly meet the requirements of practical social developments.This paper is divided into four chapters,reflecting on the plaintiff qualification of environmental civil public interest litigation in China.The first chapter introduces the concept of affirming plaintiff qualification of civil public interest litigation in the environment.The second chapter discusses the practice development and current problems generated by the plaintiff qualification in environmental civil public interest litigation.The third chapter is about the diversification of plaintiff qualification of environmental civil public interest litigation,and points out the positive significance of the diversification.The fourth chapter is the analysis of the third chapter and illustrates the concept and design of environmental civil public interest litigation.
Keywords/Search Tags:Environmental civil public interest litigation, Plaintiff Qualification, Right of action
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