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Study On The Pre-Procedures Of Environmental Civil Environmental Civil Public Interest Litigation

Posted on:2019-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:B HanFull Text:PDF
GTID:2416330542999994Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The pre-procedure of environmental public interest litigation pre-procedure is plaintiff must be fulfill before filed environmental public interest litigation.Any unit,organization,individual should Inform the relevant administrative organ of environmental violations and require the executive authorities to fulfill their environmental protection regulatory responsibilities within a certain period of time and correct environmental violations.If the environment destroyed in this period has not been improved,relevant units,organizations and individuals can bring environmental public interest litigation to the court.In the narrow sense,the pre-procedures include prior notification procedures and administrative law enforcement priority procedures.In a broad sense,the pre-procedures include ex ante participation procedures.Many foreign countries have pre-procedures for environmental public interest litigation.Most of the purposes are for the purpose of supervising administrative organs to administer according to law,saving judicial resources and preventing the occurrence of excessive appeals.On the issue of environmental protection,the administrative organs with the function of environmental supervision have the dominant position.However,environmental organizations and courts are only in the position of supervising the administrative organs according to law.They can not perform their environmental protection functions instead of administrative agencies.In the current legal system of environmental public interest litigation in our country,the newly amended Administrative Procedure Law stipulates that procuratorial organs should fulfill the pre-litigation procedure before bringing environmental administrative public interest litigation.However,the relevant system of environmental civil public interest litigation in our country lacks the content of the pre-process,under the existing laws,environmental organizations can directly bring environmental public interest litigation to the courts without going through the pre-procedure,which easily leads to the dislocation of the duties of environmental protection administrative organs,environmental protection organizations and courts in environmental protection.Therefore,it is necessary for our country to set up the pre-process of environmental public interest litigation,before initiating an environmental civil public interest litigation,an environmental protection organization must first notify the administrative organ to perform its environmental protection functions(except in very urgent cases,and may directly bring environmental civil commonweal litigation).If the damaged environment has not been improved yet,the environmental protection organization can bring environmental and civil Public interest litigation.In this paper,the literature research method,case study method,the use of analogy inductive thinking,from the theoretical and practical point of view fully demonstrated after the conclusion.The first part of this article first combs the concept and characteristics of the pre-process of environmental public interest litigation,and then discusses the main functions of the pre-process.The pre-process has three basic functions:supervision of the government administration according to law,prevention and treatment of abuse of law,to stimulate public participation in enthusiasm,This also reflect the need to establish a pre-procedure.The second part is the theoretical basis of the pre-procedure of environmental public interest litigation,this part is the highlight of this article,this article attempts to analyze the rationality of the establishment of the preamble from the theoretical level.Exhaustion of administrative relief,public participation in environmental protection,the relationship between executive power and judicial power are three major theories that support the pre-process of environmental public interest litigation.The third part introduces the basic contents of the pre-process of environmental public interest litigation in relevant countries.By looking for relevant literature at home and abroad,this article selects the representative countries and regions in the United States,Germany,Japan,India and Taiwan,and analyzes and compares.The fourth part analyzes the legislation status and practice status of our environmental public interest litigation preemptive procedure and puts forward some suggestions.Based on the Essay on Environmental Civil Litigation Preplans Rationality and feasibility of the argument,I believes that it is necessary to establish the pre-process of environmental public interest litigation to make up for the blank of our legal system.
Keywords/Search Tags:Environmental public interest litigation, Environmental civil public interest litigation, pre-procedure, Environmental Protection Organization, Environmental Protection Administration
PDF Full Text Request
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