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Research On Citizen Plaintiff Qualification In Environmental Civil Public Interest Litigation

Posted on:2019-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2356330548461735Subject:Law
Abstract/Summary:PDF Full Text Request
At present,environmental violations occer frequently and people pay more attention to their own health and environmental protection.Research on the environmental public interest litigation system has become a hot topic in academic circles.In recent years,the citizenís plaintiff qualifications related to this system have caused a lot of arguments.The opponents believe that integrating it into the scope of the plaintiff not only lacks unified legislative guidance,but also leads to abuse of lawsuits.Moreover,the citizensí professional and technical capabilities are limited and they cannot afford high litigation costs.Despite there are many worries,we must also see the natural relevance of environmental public welfare and citizens,and we should not simply repudiate their plaintiff qualifications because of the risk of abuse litigation.Therefore,the article starts with the related concepts of environmental civil public interest litigation,introduces the current legislative status of China in this regard,and uses Cai Changhai v.Long Xingguang as an example to analyze whether citizens should be included in the plaintiffís subject.Secondly,through the theory of environmental rights,public trusts,and new types of litigants,the author verified the rationality of citizens as plaintiffs,and at the same time explained the necessity to grant citizenship to plaintiffs.Then,the inclusion of citizens in the scope of plaintiffs is a universal legislative trend in all countries.After examining foreign countries,we can learn their advanced systems to enrich Chinaís institutional system.Finally,through perfecting legislation about the plaintiff qualifications of citizensí,strengthening the joint cooperation mechanism,and setting up a supporting system such as a pre-indictment notification procedure to remove the doubts of the above-mentioned opponents.In view of this,citizens should be included in the body of the plaintiff in order to promote the sound development of Chinaís environmental civil-public litigation system.
Keywords/Search Tags:Environmental public welfare, environmental civil public interest litigation, citizens individuals, plaintiff qualification
PDF Full Text Request
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