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The Interest Structure On Environmental Civil Public Interest Litigation

Posted on:2019-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:S H HouFull Text:PDF
GTID:2416330566474699Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The interests of environmental civil public interest litigation can be divided into individual interests,public interests and national interests.National interests is focused on the integrity of the country,and the characteristics have macro and divine.The characteristics of public interests is separation of procedural stakeholders and entity interests and it is particularly protected by law.There are accordance and conflicts between national interests and public interests,and individual interests.So we need to build a clear interest structure.In essence,there was a cross relationship between national interests and public interests,but legally they were completely different.When there's a conflict between the public interests of environmental and the national interests,the national interests should be the first.When there's a conflict between the public interests of environmental and the defendant's personal interests,the public interests of environmental should be the first.When the conflict of the public interests of environmental and the victim's personal interests appears in one infringement,the victim's personal interests should be the first.In order to protect the first interests efficiently,the spokesman of the first interests priority interest should have more procedural interets,but we also need to focus on the substantial fairness and correspond with the fundmental of civil litigation.We should protect thenational interests efficiently,and to perfect and perform the procedure before litigation seriously in the environmental civil public interesst litigation.We also need to handle the boundary and the cohesion between the environmental civil public interests litigation and civil private interests litigation.Meanwhile,we need to protect the national interests completely and to measure the interests in individual cases.
Keywords/Search Tags:environmental civil public interest litigation, interest structure, interest relationship, interest choice
PDF Full Text Request
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