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The Research On The Construction Of Environmental Administrative Public Interest Litigation System

Posted on:2019-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:D D HouFull Text:PDF
GTID:2346330569977940Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of China's economy and the continuous improvement of overall national strength,the ecological environment has suffered unprecedented destruction,Environmental pollution and ecological deterioration is not only restricted the economic and social development,and has serious harm to people's health,increasing people's living costs,reduce people's quality of life,affect the development of China and even the entire human race.There are many causes of environmental pollution and ecological destruction,in addition to the enterprise's illegal production,and partly because governments in pursuit of the development of local economy,for enterprises to carry out illegal examination and approval and indulge no matter for illegal behavior.In order to supervise the government and safeguard the public interest of environment,the environmental administrative public interest litigation gradually rises in our country.China's existing legislation has no specific and clear rules for environmental administrative public interest litigation,which restricts the development of environmental administrative public interest litigation in China.In order to guide the judicial practice better,it is important and urgent to construct the environmental administrative public interest litigation system.Since 2015,China has begun to pay attention to the role of public interest litigation on environmental protection.In the past two years,China has set off an upsurge of environmental public interest litigation,among which environmental administrative public interest litigation has also developed unprecedented in judicial practice.It not only plays a great role in maintaining the public interests of the environment,but also led to other social forces to protect the ecological environment.Starting with the basic concept of public interest litigation,this paper discusses the theoretical basis of establishing the system of environmental administrative public interest litigation in China.Through the analysis of some theoretical basis and specific institutional norms of foreign environmental administrative public interest litigation,the relevant systemsand experiences which are worth reference are summarized.At the same time,combining with the current situation of our country,the development course of environmental administrative public interest litigation in China is expounded from two aspects of legislation and judicature,and the advantages and disadvantages of establishing this system in our country are analyzed.On this basis,the way to build our country's environmental administrative public interest litigation system is drawn up in order to establish the environment for our country.A useful reference for the system of administrative public interest litigation.
Keywords/Search Tags:environmental administrative public interest litigation, plaintiff qualification, system construction
PDF Full Text Request
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