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Research On The Centralized Jurisdiction System Of Environmental Civil Public Interest Litigation

Posted on:2018-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2356330536965332Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the economic development of Guizhou province has entered a new period of rapid development.At the same time,the rapid economic development also brings serious environmental pollution,and the destruction of ecological behavior occurs frequently.Nowadays,with the more and more serious environmental pollution,the increasing people's consciousness of environmental protection,and the rising number of environmental pollution cases,the nature of environmental pollution cases determines that it is different from ordinary civil litigation from judicial trial and technical specification aspect.The characteristics of the environmental pollution cases,including large pollution area,wide scope of pollution require environmental judges to posses professional environmental knowledge.At present,the law is regulated in the relevant provisions about environmental civil public interest litigation.However,the specific regulations of the relevant provisions about environmental civil public interest litigation cases are not perfect.The procedure justice needs to base on a perfect jurisdiction system.Since environmental civil public interest litigation has the characteristics of wide scope of influence and damage,it needs improved specific specifications to reveal the advantages and disadvantages of the traditional jurisdiction application in environmental pollution cases and to discover problems and solve problems in time in the jurisdiction.This paper discusses the jurisdiction problems of the three cases accepted by Municipal Ecological Protection Court of Qingzhen city in Guizhou province,and introspects the legal basis necessity and feasibility of the centralized exclusive jurisdiction pursued in judicial practice,and analyzes the problems encountered in judicial practice and then puts forward the better countermeasures.This paper discusses from four parts.In first part,it introduces several typical trial cases of environmental protection court of Qingzhen Municipal People's Court,introduced the different cases with different time points of the environmental civil public interest litigation case governed by the Qingzhen Municipal People's Court,different jurisdiction scope and the different formation of centralized exclusive jurisdiction;In second part,it describes from the perspective of jurisprudence,the jurisdiction right nature about the environmental protection case in a qualitative analysis way by the Qingzhen Municipal People's Court,and theoretically analyzes the legal basis to obtain environmental jurisdiction for the Ecological Protection Court of the Qingzhen Municipal People's Court;In third part,it analyzes the necessity and feasibility in judicial practice of centralized exclusive jurisdiction from the behavior of environmental cases judged by the Ecological Protection Court of the Qingzhen Municipal People's Court,and expounds the advantages of centralized exclusive jurisdiction in environmental pollution cases for environmental protection;In fourth part,it analyzes the problems encountered in the current judicial practice and the perspective of improvement countermeasures,also analyzes the problems of the centralized exclusive jurisdiction in the environmental civil public interest litigation cases implemented by Qingzhen Municipal People's Court,and then puts forward some advice to the improveand perfect the problems.Environmental civil public interest litigation is the new trial pattern created by Guizhou province.Using the judicial weapons to protect the environment,on the way to construct environment-friendly society,the implementation of centralized jurisdiction of environmental cases can ensure environmental cases to be solved in time,efficiently and reasonably,which have a full irreplaceable role to play in adjusting social problems for the law.
Keywords/Search Tags:Environmental Civil Public Interest Litigation, Centralized Jurisdiction, Improved Countermeasures
PDF Full Text Request
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