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Research On The Rules Of Environmental Civil Public Interest Litigation

Posted on:2018-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:X F XuFull Text:PDF
GTID:2346330518977110Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In recent years,environmental pollution is getting increasingly serious in China.It also results to the deterioration of ecological environment.Thus,Environmental civil public interest litigation has become a heated topic in academia.The courts around the country gradually try to carry out and put it into practice.With the revision of "Civil Procedure Law","Environmental Protection Law" and a series of documents promulgated by the Supreme People's court and the Supreme People's Procuratorate,the practice of China's environmental public interest litigation has entered a stage of rapid development.However,there are still many problems in judicial practice,such as the poor maneuverability towards specific procedural rules and the drawbacks in the process of the competence of the plaintiff,the onus of proof,identification,mediation and so forth.Therefore,it requires for a set of environmental civil litigation system that meets the needs of actual trials.This article consists of six parts.The first part is about a brief introduction to the rules of environmental civil public interest litigation,including the development process which demonstrates the evolution of its procedural rules in legislation and judicial practice in chronological order.It further analyzes the characteristics of public welfare and authority of procedural rules.The second part specifically analyzes the practice of environmental civil public interest litigation rules both at home and abroad.In the domestic part,it mainly involves the typical practices of environmental civil public interest litigation in Guiyang,Yunnan,Jiangsu provinces.It emphatically analyzes the highlights of procedure rules.In the foreign part,it introduces practice of environmental civil public interest litigation rules in the United States,India and Japan,which may offer some useful inspirations.The third part is about procedure for prosecution.It mainly elaborates the legislation of the plaintiff qualification in the environmental civil public interest litigation and explains the problems that might exist.It focuses on the issue that whether citizens,environmental protection administrative departments,procuratorial authority or social organizations have the right to sue.The fourth part is about pre-trial procedure.It mentions the necessity of establishing a pre-trial procedure and the problems that can occur.And this part puts special stress on analyzing the right of interpretation in the pre-trial procedure.The fifth part is about trial procedure,which introduces the the onus of proof from three aspects: distribution,identification,and mediation.It analyzes the necessity and problems of these three procedural rules.It follows by the last part of the article,which is about measures and recommendations.It starts from the perspective of prosecution procedures,pre-trial procedures and trial procedures,promoting some suggestions on the rules of environmental civil public interest litigation procedure for our country.
Keywords/Search Tags:Environmental civil public interest litigation, procedure, qualifications of plaintiff, pre-trial procedure, trial procedure
PDF Full Text Request
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