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A Study On A Legal Issue That Procuratorial Organs Institute Environmental Administrative Public Ligations

Posted on:2018-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2336330512993485Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In recent years,with the continuous development of economy,China's comprehensive national strength has been rapidly growing up.However,there still exists a lot of environmental problems,such as pollution,ecological damage and other phenomena,which become more and more prominent.Currently,to improve the environment situation,Chinese government has issued a number of legal documents,aiming to encourage the prosecution as the main body of environmental administrative litigation.As the main body of litigation to bring environmental administrative public interest litigation,procuratorial organs have obvious features:“specialty” of the prosecution in the administrative prosecution,preposition of administrative proceedings before litigation,“administrative” specialty of environmental administrative organs,reversion of burden of proof in litigation,and the cost of litigation borne by the state.In the environmental public interest litigation,the procuratorial organ is the "natural" state administrative organ,and it is very significant to bring the environmental administrative public interest litigation by the procuratorial organ compared with the other litigants.From the status of the subject,the prosecution is more suitable for the role of administrative prosecutor to bring administrative public interest litigation,it better fit China's constitutional framework,legislative system and judicial practice.However,the prosecution of environmental administrative public interest litigation,not to deny the citizens and other social organizations to prosecute the right to sue,but in its can not prosecute or inconvenience,dare not prosecute the case of its main right to add.The prosecution of the prosecution and other citizens,the individual's right to sue the organic combination of mutual distinction and interrelated,better in line with the basic situation of China's current legislation.Therefore,it is necessary to effectively distinguish the right of prosecution between the procuratorial organs and the right of prosecution between citizens and other social organizations so that they can play their due role.At the same time,in order to urge the environmental administrative organs to rectify the illegal administrative acts in a timely manner and to maintain the public interest quickly,the procuratorial organs should establish a pre-procedure for procuratorial organs,that is,the procuratorial organs shall submit a procuratorial proposal before the prosecution of the environmental administrative organ,Is conducive to the rapid and effective maintenance of public welfare,to prevent further damage to environmental problems,but also to effectively avoid litigation and recourse.This paper first reviews the research status of environmental administrative public interest litigation filed by the procuratorial organs,summarizes and summarizes the relevant legal documents issued by the state at present and analyzes the relevant legal systems at home and abroad,and discusses the theoretical significance of giving the procuratorial organs the environmental administrative public interest litigation,Practical significance and feasibility study,and then concluded that the litigation is in line with our Constitution contained in the legal basis.At the same time,this paper analyzes and compares the domestic and foreign scholars' viewpoints,and then obtains the biggest problem that the procuratorial organs bring up the environmental public interest litigation at the present stage,which is the lack of legal system,and the effective jurisdiction of the grassroots procuratorates under the environmental protection administrative organs Issues and how to pilot areas of the pilot program to the implementation of the national problem.By comparing the documents that have been introduced by the state with the relevant laws and regulations on environmental civil public interest litigation in the laws and regulations such as the Civil Procedure Law and the Interpretation of Civil Procedure Law,the author analyzes the main problems faced by the procuratorial organs after the environmental administrative public interest litigation The question of how to ensure the effective jurisdiction of the procuratorial organs to the environmental administrative organs and the distribution of the burden of proof between the two parties in the context of the province.Finally,this paper analyzes a problem existing in the litigation procedure for procuratorial organsand provides a corresponding solution: for the problem of effective jurisdiction of the grassroots procuratorates under the construction of the environmental protection administrative organs,trying to bring the environmental administrative public interest litigation from the establishment of the procuratorial organs,implementation of the registration mechanism,implementation of registration system to improve the cross-administrative regional jurisdiction and the jurisdiction ofthe system to ensure that the grassroots procuratorate on the environmental administrative organs of effective jurisdiction;forthe issue on bearing the results of environmental administrative public interest litigation,stressing that the environmental administrativeorgans directors responsible for the system of appearing in the court and taking the consequences of losing a law suit;and for the allocation of the burden of proof,emphasizing the burden of proof of the environmental protection administrative organs and weakening the burden of proof of the prosecution,which means that the procuratorial organs only bear the burden of proof of the department in form,as well as implement the system of reversion of the burden of proof and the principles of the ritualism in the proof of environmental protection.
Keywords/Search Tags:environmental administrative public interest litigation, procuratorial organs, jurisdiction, burden of proof inversion, allocation of right of action
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