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On The Perfection Of Environmental Administrative Public Interest Litigation System In China

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2336330512995443Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental administrative public interest litigation is a new face for our country.It is based on the theory of environmental right and public trust theory,and has its own characteristics of public welfare,extensive and preventive.Because of the development of the times,the protection of the public environment is not the responsibility of slack,in our country to create the system for the protection of civil environmental rights,to prevent the deterioration of the ecological environment and the full realization of the administrative power of the regulatory function and practical significance,At the same time,it has also promoted the national environmental protection industry and international convergence;However,China’s current legislation has not yet made specific provisions of the system,the existing existence of similar provisions and the system there are many shortcomings,such as environmental administrative litigation plaintiff qualification is not Clear,narrow range of cases.To improve China’s environmental administrative public interest litigation system needs to proceed from the macro and micro aspects,in the macro should first establish the basic principles,such as the principle of environmental protection of public interest,the principle of state responsibility,the principle of judicial initiative;and in specific links,should be meticulous Positioning each link,a clear environmental administrative public interest litigation plaintiff qualification,to expand the scope of environmental administrative public interest litigation,to standardize the burden of proof,set the proceedings of the proceedings.
Keywords/Search Tags:Environmental administrative public interest litigation, Environmental right, The plaintiff qualification, Scope of accepting cases
PDF Full Text Request
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