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Research On Environmental Administrative Public Interest Litigation In China

Posted on:2020-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:L Y E A M E AiFull Text:PDF
GTID:2416330590960764Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present,China is undergoing an unprecedented environmental crisis,and the construction of ecological civilization has been enshrined in an important national strategy.Therefore,the establishment of an environmental administrative public interest litigation system under the rule of law is a good path to protect citizens' environmental rights and achieve environmental justice.Although China's environmental administrative public interest litigation has benefited from the formulation of Article 58 of the new Environmental Protection Law in 2014,it is an indirect “soft” push for the direct promotion of environmental civil public interest litigation.Therefore,it is national.During the legal vacuum of the environmental administrative public interest litigation system,the local environmental administrative public interest litigation system has obtained some legislative attempts and possible judicial development.Although China has implemented public interest litigation in the pilot areas and amended the Civil Procedure Law and the Administrative Litigation Law to launch public interest litigation in the country,there are still many problems to be solved in some details.In this regard,only through the recent analysis of the number and quality of environmental administrative public interest litigation cases in China's local courts,combined with the superior experience of the same system in various countries,quickly responded to the subject of litigation,legal basis,scope of the case,burden of proof,litigation The ambiguity and confusion on specific legal installations such as timeliness and case execution can timely discover and forge the institutional direction of environmental administrative public interest litigation with Chinese characteristics.
Keywords/Search Tags:Environmental Administration, Public Interest Litigation, Environmental Right, Environmental Justice
PDF Full Text Request
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