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Research On The Qualification Of The Plaintiff In Environmental Public Interest Litigation

Posted on:2019-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:J P WeiFull Text:PDF
GTID:2346330542954459Subject:Law
Abstract/Summary:PDF Full Text Request
Since China's reform and opening up,whether economic development is to enhance the comprehensive national strength has made remarkable achievements,but at the same time,environmental conditions are deteriorating,severe problems that human beings are constantly feel the environmental damage caused by people's environmental awareness is gradually awakening.In recent years,China has vigorously promoted environmental protection through increasing laws and policies,and intensified administrative penalties for destroying the environment,so that the administrative system related to environmental protection is being perfected.But the effect is not obvious,and the effect of environmental protection is not significant.This administrative system is difficult to break through,which makes it possible to make judicial relief through exercise of litigation rights,which is the most important way to ensure the environmental public interest,which makes the status of environmental public interest litigation more important.But from the view of the world,with the continuous spread of legal culture and mature,the world law is further improved,so with the form of legal protection of the environment,especially the environmental public interest litigation way to curb all kinds of human activities on the environment destruction,has become widely adopted by most countries in the world means.In China,the fifty-fifth provision of the new civil procedure law,implemented in 2013,has further emphasized and developed our research on environmental public interest litigation.And in this study,one of the most important premise is to specify what kind of body can be used as the plaintiff filed a lawsuit,so China's current legal research in a very important and realistic topic,is to study the environmental public interest litigation in the plaintiff's qualification.Under this background,the author takes the plaintiff's qualification of environmental public interest litigation as the research theme,and puts forward his own views and suggestions for institutional improvement through research.This article has five parts:The first part is the introduction.In this part,firstly introduces the background of this research,this paper clarifies the purpose,then the current situation of the domestic study onenvironmental public interest litigation plaintiff qualification of relevant system were reviewed,and explained the main use of the research methods the author in writing,and in the last part puts forward two innovation of this thesis.The second part is the summary section of the plaintiff's qualification in environmental public interest litigation.This chapter mainly defines the related concepts of the paper,we first introduce and analyze the different scholars and experts on the connotation of environmental public interest litigation,and put forward the author's own understanding,and then through the analysis of the three features: the main purpose is to protect the environment,is the essence of civil public interest enjoy the environmental rights,litigation is mainly reflected the prevention function and recovery function.This chapter also analyzes the concept of the theme.In order to further deepen the understanding of the theme of the paper,it also summarizes its characteristics: universality and non direct interest relationship.The third part is the analysis and Research on the theme in China and the existing problems.This chapter from the two aspects of legislation and judicial practice analysis,summed up the four problems of reality: individual citizens are not included in the scope of the plaintiff of environmental public interest litigation,environmental litigation qualification organization itself defects,the procuratorial organ as plaintiff in a specific system is not perfect,the administrative organ is not the plaintiff qualification clear.The fourth part is the relevant experience of the plaintiff's qualification in foreign environmental public interest litigation and the enlightenment to our country.In this chapter,the author firstly studied relevant legislation of the United States,Britain,Germany,Japan and the judicial system,and then based on the actual condition of our country,the successful experience of these countries and Its Enlightenment to China: litigation plaintiff main body qualifications of our country not only standard to relax,at the same time,continue to expand the scope of the subject,and in order to prevent the abuse of litigation,adhere to the notice of pre procedure is also essential.The fifth part puts forward the author's perfect opinion on the plaintiff's qualification of the environmental public interest litigation in China.In this chapter,the author according to the different plaintiffs,puts forward four suggestions: the individual citizens,throughlegislation to give the plaintiff qualification of citizens,but also to build the incentive system to encourage individuals to bring environmental public interest litigation,and by setting the pre notice program to prevent abuse of litigation;in the perfection of environmental protection organizations the first lawsuit qualification,to relax the environmental organizations as the plaintiff's standards,actively and continuously improve the environmental protection organization litigation,but also to increase the environmental protection organization support to improve the ability of litigation;In perfecting plaintiff public interest litigation procuratorial organ specific system,based on the existing laws and judicial interpretations on the extension of prescription,reasonable allocation of the burden of proof,the innovation of legal cost system is proposed;finally,the administrative organ,not only to legislate the plaintiff qualification,should also set up environmental public interest litigation supervision departments specifically to supervise it.
Keywords/Search Tags:Environmental public interest litigation, Plaintiff main body qualification, System, Research
PDF Full Text Request
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