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Research On Environmental NGO To Bringenvironmental Public Interest Litigation

Posted on:2019-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:S C LiuFull Text:PDF
GTID:2346330542997907Subject:Law
Abstract/Summary:PDF Full Text Request
In 2015,the new environmental law and the Supreme Court on the explanation of civil environmental public interest litigation cases,from the legal level for the first time made clear our country environmental ngos filed a public interest litigation subject qualification,has the milestone significance.Environmental ngos in the process of lawsuit,however,still faces many difficulties and challenges,whether the flaws of the environmental public interest litigation clauses,prosecute the high cost,interference of local protectionism,or the lack of funds and professional environmental NGO,the problems to be solved are become a stumbling block to environmental ngos to lodge a complaint.In the short term,we should change the status quo of environmental public interest litigation by environmental ngos,and start from improving the litigation intention and litigation ability of ngos.Firstly,the incentive mechanism of public interest litigation is constructed from multiple perspectives.Through the establishment of special fund for litigation,the deduction of litigation costs,and the successful award of the plaintiff,the litigation intention of qualified ngos is enhanced.Meanwhile,we should strengthen the professional capacity building of environmental ngos and set up a reasonable organizational structure to comprehensively improve their litigation ability.This article obtains from the tengger desert pollution case,combined with the practice of environmental ngos environmental public interest litigation both at home and abroad the status quo,analysis of environmental ngos in China are facing the survival plight and in the filed of the reality of the problems existing in the public interest litigation process,and by constructing the corresponding incentive mechanism,environmental ngos have received a significant boost litigation intention and litigation ability.
Keywords/Search Tags:environmental NGO, environmental public interest litigation, incentive mechanism, litigation ability
PDF Full Text Request
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