Font Size: a A A

Research On The Prosecution Of Environmental Civil Public Interest Litigation In China

Posted on:2018-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The newly revised Civil Procedure Law of 2012 has increased the public interest litigation system,which opened up a new chapter to civil environmental public interest litigation system in China.As the provisions of this article too principled,it led to many problems in the judicial practice.Supreme Court in 2015 introduced about public interest litigation of environment and the interpretation of civil procedural law.Although it made a judicial interpretation,the provisions still have defects,which bring difficulties to judicial practice.Prosecution stage is the beginning of the whole litigation process.If civil environmental public interest litigation cannot be resolved effectively,it will surely damage the environmental public interest.Therefore,it is very important to study the prosecution problem.This article starts from the existing legislation and judicial interpretation,we can see that the environmental public interest litigation system in China is imperfect in the legal provisions,and then finding out the problems and analyzing these issues,and finally putting forward feasible solutions.In addition to the introduction,this article is divided into four parts.First of all,it summarizes briefly the concept,characteristics and elements;then introduces the legislative process,the current situation of this system in our country,and the provisions of the law on relevant prosecution issues,foreshadowing the existing problems in the prosecution stage what follows in the passage putting forward.The last two parts are not only the main content of this article,but also the difficult parts of it.The third part analyzes the existing legal provisions,finding and then raising questions respectively from three aspects of plaintiff qualification,litigation request and litigation cost.The fourth part puts forward the solutions.In principle of "raising the enthusiasm of the plaintiffs and promoting the healthy development of public interest litigation",perfect the relevant legislation,solve the difficulties of defining the plaintiff qualification,realizing the litigation requests,bearing the cost of litigation,thus ensuring the smooth entry of the litigation into the trial procedure.
Keywords/Search Tags:environmental civil public interest litigation, conditions of prosecution, the plaintiff qualified, litigation request, litigation cost
PDF Full Text Request
Related items