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Study On The Scope Of Plaintiff In Environmental Civil Public Interest Litigation

Posted on:2020-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:F Y TianFull Text:PDF
GTID:2416330572489503Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the problems caused by environmental pollution have been increasing,which has greatly affected the living environment and economic development of human beings.In order to make the economy develop healthily,China has been committed to the protection and governance of environmental problems.The environmental civil public interest litigation system was developed at this time.However,due to the many restrictions on the subject of prosecution by relevant laws and regulations,the development status of the system is not ideal,and the goal of protecting the environment is also slow.Moreover,in the theoretical and practical circles,the scope of the subject of this lawsuit has also been debated,and no conclusion has been reached so far.Generally speaking,in the current legal regulations and related practice processes in China,the development of the procuratorial public interest litigation system is gradually being carried out.The lawsuits of environmental protection organizations are also clearly stipulated by law.The legal provisions of environmental protection administrative organs are vague,and natural person prosecutions are completely Exclusion from the scope of the law has led to many problems in the main body of the plaintiff in the actual litigation process,resulting in the environmental public interest not being fully protected.Therefore,in order to protect the public interest of the environment,the environmental civil public interest litigation system should be further improved,the scope of the plaintiff should be clarified,and the multiple parties should work together to realize the path of ecological,civilized and sustainable development.This paper is divided into five parts to analyze the scope of plaintiffs in environmental civil public interest litigation:The first part is mainly the summary content,which mainly defines the connotation of environmental civil public interest litigation.By clarifying the connotation of this kind of litigation,it will lay a foundation for the discussion of the scope of the next plaintiff.The second part is mainly based on the current situation,China's legal provisionson the scope of plaintiffs in environmental civil public interest litigation and the judicial practice in the real situation,and expounds the development process and theoretical existence of the plaintiff in China.Controversy,and summed up the characteristics of this type of case,as well as the practice of the plaintiff.The third part mainly discusses the problems in the scope of the plaintiff under the current law and practice in China,and the reasons for these problems appearing in the four types of plaintiffs: procuratorial organs,environmental protection social organizations,environmental protection administrative agencies,and natural persons.A specific analysis was carried out.The fourth part mainly analyzes and understands the relevant provisions of the plaintiff system of environmental public interest litigation in the United States,Britain,Germany and Japan,in order to provide a certain degree to the scope of the plaintiff in this system of China.On the reference.The fifth part mainly discusses the relevant measures to improve the scope of plaintiffs in environmental civil public interest litigation in China.After det ermining the scope of the four types of subjects,such as the procuratorate,the environmental protection social organization,the environmental protection admi nistrative agency,and the natural person,and refining the scope of the prosecu tion,the environmental protection special fund and the plaintiff's prosecution or der are redefined.The public interest is more comprehensively protected.
Keywords/Search Tags:environmental civil public interest litigation, plaintiff range, prosecution
PDF Full Text Request
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