Font Size: a A A

The Procuratorial Organ Filed A Study On The Pre-litigation Procedure Of Environmental Public Interest Litigation

Posted on:2019-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:L M JiangFull Text:PDF
GTID:2356330548957671Subject:Law
Abstract/Summary:PDF Full Text Request
In 2012,The Civil Procedure Law of the People's Republic of China initially established the environmental civil public interest litigation system.In 2015,the "environmental protection law" was issued to clarify the provisions of social organizations.But the effect of environmental public interest litigation is not obvious.In order to better perfect environmental public interest from infringement,The Supreme People's Procuratorate issued the "Procuratorial Organ Initiated the Pilot Program for the Reform of Public Interest Litigation",put forward the pre-procedural system of environmental public interest litigation,which plays a non-negligible role in the pilot practice so as to improve the environmental public interest litigation in our country.The pre-litigation procedure can urge the environmental organizations to take an active part in environmental public interest,and it is an effective embodiment of public participation.At the same time,the pre lawsuit procedure is beneficial to the administrative organs to perform their functions actively and save the role of judicial resources.But there are some problems in the practice of the pre suit procedure in practice: the social organizations in the civil field of public interest litigation are not willing to prosecute or lack of plaintiff corpus qualifications in regional scope.The case source of the procuratorial organ of the pre procedure of environmental administrative public interest litigation is single,and the contents of the procuratorial proposal received by the administrative organs are not clear,so there is no specific standard in the process of rectification.Based on the characteristics and purpose of environmental public interest litigation pretrial proceedings,this paper starts from the concept and theoretical foundation of the pre-procedural system of environmental public interest litigation and exploring the difference between the pre procedure system of environmental public interest and the general preposition in order to show its unique significance and necessity.Secondly,combined with the current legal provisions of the pre-litigation procedure and the pilot practice,the present situation and existing problems of civil and administrative environmental public interest pre-litigation procedures are summarized respectively.At the same time,Learning from other countries' legal provisions about pre litigation procedure of environmental public interest litigation,it has certain enlightenment significance to the improvement of pre litigation procedure in China.Such as the United States v.notification procedures,Japan's superviserequest procedure,the relevant provisions of the legal restrictions on the environmental groups in Germany,which have some implications for the preprocedure of our country: refined the details of the pre procedure of environmental public interest litigation;clarified and strengthen the responsibility and authority of environmental administrative law enforcement;the pre litigation procedure should be beneficial to the social organizations and the administrative organs to actively participate in the environmental protection and perform their duties.The author will put forward some suggestions on the pre lawsuit procedure in accordance with the current legal provisions and the problems in practice.Because of the difference between the theoretical basis and the application premise of the environmental civil and administrative public interest litigation procedure,can't talk about the same suggestions.Civil pre litigation procedures should focus on improving the enthusiasm of social organizations to participate in environmental protection.The administrative public interest pre litigation procedure should improve the activeness and effectiveness of administrative organs' performance.
Keywords/Search Tags:Procuratorial organ, Environmental Public Interest litigation, Pre-litigation procedure, suggestions for perfection
PDF Full Text Request
Related items