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Research On The Participation Of Environmental Protection Social Organizations In Environmental Civil Public Interest Litigation

Posted on:2020-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:S JiangFull Text:PDF
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As early as 2005,Xi Jinping put forward the scientific conclusion that "green water and green hills are Jinshan and Yinshan".In recent years,around the environmental public interest litigation,the government has issued a series of laws,regulations and judicial interpretations.With the promulgation and implementation of the Civil Procedure Law of 2013,the Environmental Protection Law of 2015 and the Interpretation of Several Questions Concerning the Application of Law in Environmental Civil Public Interest Litigation of the Supreme Court,it provides legal basis and procedures for environmental protection organizations to initiate environmental public interest litigation.However,due to the late development,lack of experience and other factors,environmental protection organizations in China are still facing many practical difficulties in exercising this right of action,and need to be improved in practice.Therefore,after sorting out the relevant legislation of environmental public interest litigation,the author makes a practical analysis of ten environmental public interest litigation cases in China in recent years,The good practical experience of environmental public interest litigation is analyzed with a case study.At the same time,the realistic dilemma faced at present is pointed out.and then refers to the theory and legislative experience of foreign related fields,advocates that China should relax the environmental protection society.The reform should be carried out in such aspects as the restriction of the main qualification of the organization,the creation of a favorable safeguard system,the development of preventive environmental public interest litigation and the establishment of pre-procedure to play the role of third-party supervision.This paper analyses ten cases of environmental public interest litigation in the past years.The trend of the number of environmental public interest litigation cases filed by environmental protection organizations during the years before and after the promulgation of environmental protection law and related judicial interpretations is analyzed.The proportion of environmental public interest litigation in the total number of public interest litigation cases in the past years is counted.The types and concentration of environmental public interest litigation filed by environmental protection social organizations are also analyzed.After the case,the direction of system reform is put forward.The suggestions in this paper are based on the analysis and study of the case.
Keywords/Search Tags:environmental protection social organization, Environmental public interest litigation, Pollution, Research
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