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Study On The Cost System Of Environmental Public Interest Litigation In China

Posted on:2018-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhouFull Text:PDF
GTID:2346330536985289Subject:Procedural law
Abstract/Summary:PDF Full Text Request
The cost of environmental public interest litigation tends to be too expensive.And the current burden way of litigation cost only from the vertical angle of the state and the parties to the litigation cost expenditure has been adjusted,but not the cost of litigation in the horizontal split between both parties.In other words,the litigants?litigation cost are not included into the range of current litigation costs,so it is can not completely meet the requirements of the present development of environmental public interest litigations.How to design the rules of the environmental public interest litigation cost scientifically and reasonably,it will be the key point of the system development and breakthrough to make the litigation cost flow between the state and the parties according to different situations.In order to improve the cost system of environmental public interest litigation,we should study the influencing factors and principles of environmental public interest litigation cost intensively.On this basis,.Starting from the investigation of domestic security mechanism of funds and foreign experience,not only to consider the reasonable relationship between the private cost and public cost,more is to fully consider the cost of litigation and reasonable distribution in the horizontal and vertical flow between,and according to different situations for different rules,build local conditions between the state and the party and the parties,two-way flow,three-dimensional cost burden system.In the aspect of fund safeguard for environmental public interest litigation,it should be fully guaranteed by national finance capital,establish environmental public interest litigation fund,litigation insurance,etc.At the same time,it should be strengthen management and refined special stress on fund management institution,fund application and payment,supervision of fund operation,etc.So as to establish a burden way of litigation cost accord with the development of environmental public interest litigations.
Keywords/Search Tags:environmental public interest litigation, litigation cost, institutional structure, fund safeguard
PDF Full Text Request
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