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Research About Plaintiff Qualification Environmental Public Litigation In China

Posted on:2018-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:C Y MaFull Text:PDF
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With the rapid development of social economy,people’s living standard has been improved,and has reached a new height.In order to protect the interests of the state and society,and promote the continuous development of environmental public interest litigation in line with the trend of the times came into being.Compared to the environmental public interest litigation in common law countries,in China,the development of environmental public interest litigation should be at the end of twentieth Century and early twenty-first Century,since then,both theoretical research and practice,and has made considerable progress and development.And the establishment of environmental public interest litigation system,to determine the most important issue is the qualification of the plaintiff,in order to solve this problem,I think,need to pass legislation to clear the qualification of the plaintiff,given the lawsuit to the court right.At present,not only the "Civil Procedure Law" fifty-fifth,took the lead in defining the public interest litigation system.Following the "environmental protection law" fifty-eighth article also relates to the right to bring environmental public interest litigation the plaintiff,but did not give a clear definition,leading to a lack of guidance in the judicial practice,deficiencies and loopholes that might not be legal,no system of the system and operability is not strong.The author believes that the establishment of a public interest litigation system in line with national conditions and development path is the primary solution to the problem.This article is to hope that the plaintiff of the main body of the multi visual,multi-faceted analysis,not detours,to find a practical and effective way to follow the track.Exploring a path of public interest litigation in China.
Keywords/Search Tags:the environmental public interest litigation, Plaintiff qualification, System conceive
PDF Full Text Request
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