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Exploring The Environmental Public Interest Litigation Of Environmental Protection Organization

Posted on:2018-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
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The civil procedure law revised in 2012 and the new environmental protection law implemented in 2015 are clearly established that environmental protection organization can file environmental public interest litigation.Furthermore,the Supreme People's Court established a judicial interpretation and clarified in what condition the environmental protection organization should meet that can file environmental public interest litigation.As the development of environmental public interest litigation in our country is still lies in initial stage at present,the constructions of relevant institutions are imperfect,especially on the issue of plaintiff qualification,making too many restrictions to environmental protection organizations.This makes the most environmental protection organization do not have rights to bring a lawsuit.I will take the case-Pollution of Tengger Desert as an example.This case was brought by China Biodiversity Conservation and Green Development Foundation(CBCGDF),an environmental protection organization,in2015.It was not be accepted by the Ningxia Zhongwei intermediate people's court and the Ningxia superior people's court because both of the two levels of courts thought CBCGDF had no plaintiff qualification to bring the lawsuit.Then CBCGDF appealed to the supreme people's court and the supreme people's court ultimately ruled that CBCGDF has the plaintiff qualification.The case was chosen as a guiding case at the beginning of 2017 by the supreme people's court.This article is composed of four parts.In the first part,I start with the tengger desert pollution case to analyze the core issue of the proceeding.In the second part,I analyze some related elements among the plaintiff qualification of environmental public interest litigation in our country.The third part is mainly about the foreign system of environmental public interest litigation,and expounds what we learn from the foreign environmental public interest litigation system.In the fourth part,I put forward proposals on how to support the environmental protectionorganization to file environmental public interest litigation more effectively,thus achieve the ultimate goal protecting social and public interests.
Keywords/Search Tags:Environmental public interest litigation, Environmental protection organization, Plaintiff qualification, Policy advice
PDF Full Text Request
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