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

Posted on:2018-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:D GuoFull Text:PDF
GTID:2336330533456095Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental problems are becoming more and more serious.Under the improper administrative behavior of administrative organs,environmental pollution can be caused and aggravated.Therefore,more perfect laws should be taken to prevent and supervise it.With the progress of the rule of law in China,the continuous improvement of legislation standards and the needs of judicial practice,the construction of environmental administrative public interest litigation system has become an urgent need.In 2015,the Supreme People's Procuratorate launched a public interest litigation trial in some areas.This work has laid a certain foundation for the construction of the system.Therefore,this article believes that while promoting the practice,we should also promote the theoretical study of the litigation system.This paper analyzes the theoretical basis,legislative status and judicial status of the establishment of the litigation system.It focuses on the analysis of the constitution,the environmental protection law and the administrative procedure law of our country.It can be seen that the construction of China's environmental administrative public interest litigation system exists in the legal obstacles and limitations: the lack of theoretical foundation,the uncertainty of law,the plaintiff qualification and the scope of the narrow.On the other hand,under the condition that the system has been deeply explored in theory and practice,and the citizen consciousness has been continuously strengthened,it will play a certain role in promoting the construction of the litigation system.This paper makes a comparative analysis of the environmental administrative public interest litigation system which has been constructed abroad.In these countries,the establishment of the litigation system early,the system in the continuous development and change and perfect,for the protection of the environment gradually strengthened,the restrictive conditions of the whole procedure showed a decreasing trend,but also developed a related program.On the basis of comparative study,the author puts forward the construction hypothesis.Including: giving the plaintiff qualification of different subjects;define the environmental administrative publicinterest litigation scope;set before litigation procedures to prevent abuse of litigation;the burden of proof in the lawsuit under the re division;conception of different lawsuit subject should bear the cost of litigation.
Keywords/Search Tags:environmental administrative public interest litigation, plaintiff qualification, scope of accepting cases, construction assumption, system construction
PDF Full Text Request
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