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The Environmental Public Interest Litigation Case Analysis Of Changzhou Public Environmental Welfare Association V.Mr. Chuís And Other Five Defendants

Posted on:2018-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:W W TianFull Text:PDF
GTID:2346330515988944Subject:legal
Abstract/Summary:PDF Full Text Request
In the legislation,China has made clear the social organization of the civil public affairs litigation subject qualification.The key now is how to judge the specific cases in the process of judicial application of social organization does not meet the statutory conditions.After the analysis,the case plaintiff Changzhou Environmental and Environmental Protection Association is not in line with the newly revised "Environmental Protection Law of the Peopleís Republic of China"(hereinafter referred to as the Environmental Protection Law)Article 48 and the Supreme Court issued the court "on the trial of environmental civil rights cases to adapt to the law a number of issues(Hereinafter referred to as the "interpretation")of the plaintiff qualification conditions.However,in the case of the case,the new law did not take effect,so Changzhou City Environmental Protection Association is a qualified plaintiff,in accordance with the "Civil Procedure Law of the Peopleís Republic of China"(hereinafter referred to as the Civil Procedure Law)Article 55 of the civil litigation proceedings.Common environmental pollution infringement,with multiple harm the perpetrators cause the same damage as the constituent elements,with no fault liability as the principle of the damage to the results bear joint and several liability to combat the destruction of the environment behavior,repair damaged environment.In this case,environmental experts as peopleís jurors to participate in litigation,professional bodies to assess the results of damage assessment,the development of environmental rehabilitation program,better reflects the environmental experts and accreditation agencies to support the role of environmental justice.At present,the level of environmental damage appraisal agencies in China varies,the need for legislation to verify their qualifications,the development of relevant laws and regulations,to achieve environmental damage identification agencies specialized.In addition,the court will environmental remediation program in the polluted area around the publicity,so that the public vote to choose;the introduction of third parties,give full play to the role of the market,commissioned by professional companies to implement environmental remediation.This approach to environmental remediation can provide guidance for similar cases.
Keywords/Search Tags:public interest litigation, plaintiff qualification, environmental pollution
PDF Full Text Request
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