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On The Public Environmental Civil Litigation And Environmental Administration Coordination

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2346330485497958Subject:Enterprise Law Practice
Abstract/Summary:PDF Full Text Request
The environmental civil public interest litigation system is one of the contents of the civil public interest litigation system. When the environment, as a kind of public interest, is damaged directly or indirectly, relevant state organs and social organizations will institute civil actions aiming at protecting environmental public service according to legal provisions.Environmental administrative law enforcement is a major means of environmental management. Generally speaking, administrative subjects possessing the right of environment management pursuant to the law take measures of authority applicable laws against relative people of environment administration, which will directly influence their rights and obligations and conduct other environmental supervision and management. Through the case of “Administration of Two Lakes and One Reservoir Sued Tianfeng Chemical Co., Ltd.”, the problems of environment civil public interest litigation and environmental administrative law enforcement existing in aspects of case-filing review system, notification obligation and lawsuit withdrawal rules are drawn forth, and then relevant problems appearing in China’s juridical practice are analyzed based on domestic and foreign relevant legislation. Centering on the prepositional procedures of litigation, reasons for lawsuit withdrawal, the contradiction between these two and related connection problems, legislative proposals are put forward.Specifically speaking, this thesis is composed of three major parts.The first part is “The Proposal of the Connection Problem between Environment Civil Public Interest Litigation and Environmental Administrative Law Enforcement. It can be seen from the case analysis of “Administration of Two Lakes and One Reservoir Sued Tianfeng Chemical Co., Ltd.” that the court activated judicial process during the execution process of administrative law enforcement, interfering the governance work of administrative organizations, from which the realistic contradictions between these two are embodied.The second part is “The Connection Problem between Environment Civil Public Interest Litigation and Environmental Administrative Law Enforcement”. This part analyzes the contradictions between environment civil public interest litigation and environmental administrative law enforcement from the perspectives of reality and legislation, evaluates the Article 12 and Article 26 stipulated in the case-filing register system—Interpretation ofSupreme People’s Court on Several Issues of Applicable Laws to Hear Civil Environmental Public Interest Litigation Cases.The third part is “The Coordination of Environment Civil Public Interest Litigation and Environmental Administrative Law Enforcement”. Through the analysis of foreign classical cases and judgments, foreign legislation and system advantages are discovered. Combining with domestic relevant practice, this part raises related reference to and suggestions on Chin’s legislation, thus realizing better coordination and development of China’s environmental administrative law enforcement and environmental public interest litigation.
Keywords/Search Tags:environmental civil public interest litigation, environmental administrative law enforcement, notification obligation, suit ithdrawal
PDF Full Text Request
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