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System Construction Of Prosecutors Involved In Environmental Public Interest Litigation

Posted on:2017-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhangFull Text:PDF
GTID:2336330533950296Subject:Procedural Law
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Environmental public interest litigation is an important way to solve environmental public interest disputes and protect environment. In recent years, environmental public interest litigation cases emerge in endlessly. Environmental public interest litigation cases sweep all over the country filed by the prosecution as plaintiff. Although system of environmental public interest litigation has been established in our country, it is vague in plaintiff qualifications, and from the theory and practice, the prosecution acted as plaintiff should be justifiable and duty-bound. So it is necessary to analyze system of environmental public interest litigation in depth. Article structure is divided into there parts, as follows.In the first part, this paper introduces the basic implications of environmental public interest litigation,including meaning, classification and value. Environmental public interest litigation can be divided environmental civil litigation and environmental public interest litigation. The article discusses the prosecution filed environmental public interest litigation only from the angel of environmental civil public interest litigation. Introduce the classification of environmental public interest litigation, which are environmental civil public interest litigation and environmental administrative public interest litigation, and point out the article discusses the prosecution filed environmental public interest litigation only from the angel of environmental civil public interest litigation. Secondly, plaintiff qualification of environmental public interest litigation is analyzed, and holds that view that the prosecution the plaintiff qualification is an inevitable trend of development of environmental public interest litigation, paves the way for prosecution filed environmental public interest litigation.And then a study on the prosecution filed public interest litigation in a theoretical view,pointing out legal supervision is fundamental basis that prosecution filed environmental public interest litigation. Finally, the paper points out theoretical foundations of proper party theory and trust litigation theory for the prosecution filed environmental public interest litigation.In the second part, the paper analyzes the current prosecution filed environmental public interest litigation system. Firstly, the history and current law aspects are analyzed.Secondly binding judicial practice, analyze existing models from the case, sum upexperience and reform of the preliminary results, sum up the main way to participate in environmental public interest litigation. Additionally, this article describes the civil law and civil prosecution under the Anglo-American legal system, proved that the prosecution participating in the proceedings as the plaintiff has been accepted in Western countries, in order to provide legislative reference for building prosecution filed environmental public interest litigation. Lastly, this paper concludes that flaws of existing environmental public interest litigation system in China, including lack of basic principles of the prosecution, the uncertainty of laws, the restriction of prosecution plaintiff qualification, improper way of plaintiff, poor convergence with environmental law enforcement agencies and the lack of procedural rules.In the third part, build the idea about system of improving prosecution filed environmental public interest litigation. Firstly, this paper presents four basic principles.Secondly, it should be clearly assigned to the prosecution plaintiff qualifications, and standardize the way of prosecution plaintiff. Thirdly, stress the importance of improving convergence of law enforcement and judicial system, boosting environmental public interest litigation. Finally, this paper presents recommendations related to the specific proceedings, in order that legislature issues relevant laws and regulations as soon as possible, and improve“no legal basis”situation of the prosecution filed environmental public interest litigation.
Keywords/Search Tags:Environmental Public Interest Litigation, Pro-curatorial Organ, Subject Qualification, System Construction
PDF Full Text Request
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