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Study On The Plaintiff Qualification System Of Civil Environmental Public Interest Litigation

Posted on:2019-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CangFull Text:PDF
GTID:2416330545971980Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,the problem of environmental pollution has become a hot issue to be solved urgently.Environmental public interest litigation,as a way of judicial relief for environmental public interest,emerged in this social reality.Many countries in the world have established environmental public interest litigation system and expanded qualification of plaintiff with breaking through the principle of direct interest.China stipulated the environmental public interest litigation system in the civil procedure law and confirmed the Procuratorate,Environmental NGO and other subjects as proper plaintiff.However,the plaintiff's qualification cannot meet the current demand of environmental public interest litigation in China.In this article,through the study of environmental public interest litigation plaintiff's qualification theory,we stated the importance of plaintiff's qualification and compared different legislation of plaintiff's qualification in the field of environmental public interest litigation at home and abroad.Then we analyzed the advantages and disadvantages of environmental public interest litigation brought by different subjects by studying several cases in judicial practice.Finally,we presented the conception of the plaintiff subject qualification system which suits our country.
Keywords/Search Tags:environmental public interest, environmental public interest litigation, plaintiff's qualification, expansion of litigious right
PDF Full Text Request
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