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On The Expansion Of Plaintiff Qualification In Environmental Public Interest Litigation

Posted on:2021-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:J R ZhuFull Text:PDF
GTID:2416330629488322Subject:Law
Abstract/Summary:PDF Full Text Request
Ecological progress has been included in the five-pronged strategy,and changes in the presentation of major social contradictions in the report to the 19 th national congress of the communist party of China(CPC)have highlighted people's aspiration for a better living environment in the new era.Environmental public interest litigation plays an irreplaceable role in protecting the ecological environment,and the confirmation of the plaintiff's qualification is the premise of litigation.Therefore,one of the necessary conditions for the healthy and orderly development of ecological civilization and the construction of a beautiful China is to improve the plaintiff system of environmental public interest litigation.The current civil procedure law provides for the plaintiff system in environmental civil public interest litigation,making it clear that procuratorial organs,environmental protection social organizations and administrative organs stipulated by the law can act as plaintiffs in environmental public interest litigation.Looked from the present,however,have to admit that the current judicial practice of our country system of environmental public interest litigation the plaintiff in the early stage of development,there are still many defects,such as small scope of plaintiff's subject qualification and many restrictions,procuratorial organs prosecution main body participation outside of low,lead to increasingly prominent environmental problems of the lack of a more powerful judicial safeguard.Therefore,the reflection and reconstruction of China's environmental public interest litigation plaintiff qualification system has become an issue we have to face.This paper tries to the environmental public interest litigation plaintiff qualification,on the basis of basic theory research,from the perspective of China's legislative status quo of environmental public interest litigation plaintiff,the researches in the issues of judicial practice,through to the foreign system of environmental public interest litigation plaintiff a comparative study of the theory and practice,focus on selected typical countries,the United States,Germany,India as a reference direction,find foreign environmental public interest litigation plaintiff qualification system advantage and improve the system of plaintiff qualifications in China come to the enlightenment.Through the research,the qualification standards of the plaintiff in China are clarified,that is,the qualification standards of the plaintiff should be perfected at the legislative level on thebasis of the public interest standards of the purpose,so as to better promote the development of the plaintiff system of environmental public interest litigation.And combined with the standard contact the judicial practice in our country the status,characteristics,try to give individual citizens,the villagers committee environmental public interest litigation plaintiff qualifications,at the same time Suggestions from the aspect of legislation,the necessary security measures to perfect the procuratorial organs,environmental protection organs,social organizations as the plaintiff's related system,aiming at the existing problem of each subject as the plaintiff,design related security measures,and through the clear prior procedures of administrative remedy and clear with the body of the qualification of the plaintiff to Sue the sequence,in order to prevent the problems such as rampant litigation,further improve the system of environmental public interest litigation procedure,let environmental public interest litigation system play its real effect.In addition to the introduction and conclusion,the paper is divided into four parts.The first part mainly summarizes the basic theory and historical evolution of plaintiff qualification in environmental public interest litigation.This research through the first clear the characteristics of the environmental public interest litigation plaintiff qualification of the basic connotation,from the history development process,this paper expounds the theory and practice are presented in the existing legal provisions on environmental public interest litigation plaintiff qualification,then expounds the environmental public interest litigation plaintiff qualification standard of value,namely the clear scope of environmental public interest litigation plaintiff qualification can neither too wide,too narrow.The second part mainly introduces the plight of China's environmental public interest litigation plaintiff qualification,through the analysis of the judicial practice and experience the author theory problems of the existing rules and practices,including environmental public interest litigation plaintiff qualification standard fuzzy,rejected the plaintiff qualification of individual citizens,the procuratorial organs filed entity program predicament and the social organization too strict constraints and insufficient internal impetus driving,the administrative department of environmental protection to prosecute fuzzy and there may be a "doubleidentities",etc.The third part is mainly to analyze the foreign environmental public interest litigation about the plaintiff qualification of the legislative provisions,judicial practice,through the focus of the United States,Germany,India three countries to carry out a comparative analysis,to obtain the environmental public interest litigation plaintiff qualification system design inspiration.The fourth part puts forward the countermeasures to improve the plaintiff's qualification in environmental public interest litigation.Must first clear through legislation of the plaintiff qualification standards,coupled with China's current national conditions,give individual citizens,the villagers committee the plaintiff qualifications,indicate the procuratorial organs,the improvement of the environmental protection departments,social organizations as the plaintiff,and clear administrative prepositional procedure and sequence of the prosecution,subjects to the rampant litigation does not occur in case the maximum play to the advantages of environmental public interest litigation.
Keywords/Search Tags:environmental public interest litigation, Qualification of plaintiff, The village committee, Environmental groups, Individual citizens
PDF Full Text Request
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