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Research On The Coordination Of Environmental Public Interest Litigation And Environmental Private Interest Litigation

Posted on:2019-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:J BaiFull Text:PDF
GTID:2346330542497893Subject:Law
Abstract/Summary:PDF Full Text Request
After the modification of the environmental protection Law of the People’s Republic of China,the environmental civil public interest litigation is progressing rapidly,and the existing legal and judicial interpretations stipulate the plaintiff subject,the scope of the case and the procedure rules of the environmental civil public Interest litigation,which is the category of civil litigation.An environmental infringement action will lead to two kinds of lawsuits are brought up,but in practice the two kinds of litigation is still in a disjointed state,not only not conducive to the protection of environmental interests,but also cause the waste of judicial resources.This article compares the environmental civil public interest lawsuit and the environmental private benefit lawsuit which caused by the environmental infringement behavior,in the study of the difference,we explore the relationship between the two kinds of litigation system and the shortcomings of parallel and the dilemma in the judicial practice,and put forward some suggestions on the coordination of the two systems in China.It is hoped that the current situation of environmental public interest litigation and private benefit litigation can be changed in China,in order to save the judicial resources in practice,to make up for the absence of damage relief,to protect the interests of the victims and the public’s environmental rights and interests,and to achieve the fundamental goal of protecting the environment.Content,this article mainly divides into three parts,the first part defines the concept of environmental public welfare and environmental private benefit,compares the difference and connection between the two kinds of lawsuit system,and finds the precondition for the coordination of two kinds of system;The second part analyzes the deficiencies of the two systems in legislation and the problems in practice.The last part of the first two chapters on the theoretical and practical issues to further improve the coordination of suggestions,to solve the problem of the expansion of the judgment of the public interest lawsuit caused by the same environmental infringement by solving the two kinds of lawsuit system,such as the prosecution,the position of the judgment,the compensation and the judge of the first private benefit lawsuit.The interpretation of the Supreme People’s Court on several issues concerning the application of law in the trial of environmental civil public Interest litigation cases,the interpretation of the Supreme People’s Court of Supreme People’s procuratorate on several issues concerning the application of law in the prosecution of public interest litigation,has made some provisions on the coordination between the two litigation systems,should continue to expand on this basis.
Keywords/Search Tags:Environmental civil public interest litigation, Environmental private interest litigation, Effective judgment, Compensation order
PDF Full Text Request
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