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Specialization Of Environmental Litigation Procedures

Posted on:2020-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y JiaFull Text:PDF
GTID:2416330572480954Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the increasing environmental pollution in China,environmental problems have become more and more prominent.The state has successively issued a series of laws and regulations,judicial interpretations,and normative documents,which provide a system for the regulation of environmental related issues from the legal level and the policy level.Support on.In just over a decade,the substantive law of environmental regulation has basically formed a relatively complete legal system,and the solution of environmental problems,except for the dependence on substantive legislation,also requires the support of procedural law to ensure the smooth operation system..At present,China's regulation of environmental procedures mainly relies on the provisions of the traditional three major lawsuits,and environmental disputes caused by environmental problems generally involve not only single or civil or criminal or administrative litigation in the environmental justice process,and their occurrence generally involves Civil,criminal,administrative or three ways or special methods based on environmental specificity,so the current regulation of environmental disputes can not only stay in the traditional substantive law establishment method or a single civil lawsuit,criminal lawsuit or Administrative litigation and other traditional procedural law levels.We need to deal with environmental disputes in response to current environmental problems and environmental court trials.According to the characteristics of environmental problems,we will inherit and break through the traditional three major lawsuits to explore environmental special litigation systems that adapt to the characteristics of the environment.In the process of exploring special environmental litigation rules,this paper clarifies the theoretical basis of environmental litigation and the purpose of protecting public interest litigation.According to the relevant environmental substantive law,procedural law legislative approach,and the construction process of environmental justice specialization in recent years,etc.It organizes and summarizes,and combines the traditional three major procedural laws as well as the ecological environmental damage compensation litigation,procuratorial environmental public interest litigation and other emerging multi-suit litigation methods to integrate contradictions,from the basic system of environmental litigation,the main procedures of environmentallitigation and the supporting system.In order to find out the environmental litigation system suitable for China's national conditions,provide the basis for trial procedures for the specialization of the trial institutions at the present stage,ensure the systemicization of environmental justice specialization,improve the environmental legal system,and provide procedural guarantees for the realization of public environmental rights and interests.
Keywords/Search Tags:environmental litigation, environmental disputes, specialization of environmental justice, public interest litigation
PDF Full Text Request
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