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Exploring The Problem Of Chinese Lawyers Participating In Environmental Public Interest Litigation

Posted on:2019-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:S TianFull Text:PDF
Abstract/Summary:PDF Full Text Request
After the second industrial revolution,the global economic level is advancing rapidly,but at the same time,the ecological environment of human survival has also deteriorated step by step.After China's reform and opening up,people's living standard is also improving.At the same time,they also pay more attention to the exercise of their rights,that is,people are more interested in the spiritual enjoyment of natural and atmospheric environment.In real life,there is a growing number of environmentalists in various industries.They have a strong appeal to the better development of the public welfare undertakings,and they want to add bricks and mortar to the public welfare undertakings from the heart.They were also the first to discover the subject of "destructive actors".However,in our country,the individual does not have the qualification of the plaintiff in the environmental public interest litigation,and the state does not give them such rights.Compared with foreign countries,our current situation is due to the fact that our environmental public interest litigation system has been established late,and its legislative level and judicial practice level are not perfect.Therefore,environmental public interest litigation system in China is urgently needed to be perfected,and we need to give more subjects the qualification of environmental public interest litigation,which will make the environmental infringers bear the corresponding legal responsibilities,and at the same time,conducive to timely environmental governance.In this paper,the author mainly from the China environmental problems situation,environmental protection requirements,relevant national environmental protection policies and laws and regulations,Chinese judicial reform strategy,the function of lawyers and social responsibility,environmental public interest litigation status and needs of thinking and discussion.Clear the theoretical and practical problems in environmental public interest litigation lawyers in where,why the existence of these problems,the essential reason where the existing solutions and what they lack is what,how to improve the shortcomings,can have what new proposals.The article is mainly carried out from the following parts:First of all,the reasons why lawyers need to participate in environmental public interest litigation are analyzed from two angles: fairness,justice and the professional level of lawyers.Secondly,from two aspects of domestic and foreign,the present situation of lawyers' participation in environmental public interest litigation is detailed.Again,from China's current environmental public interest litigation in the judicial practice and judicial theory to initiate all kinds of difficulties in the process of closing the imperfect discusses lawyers in public interest litigation "stumbling block".Finally,through the analysis of the full text,the author puts forward some suggestions on how to make our lawyers better participate in the environmental public interest litigation.
Keywords/Search Tags:environmental public interest litigation, lawyer participation, plaintiff, subject qualification
PDF Full Text Request
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