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The Research On Environmental Civil Public Interest Litigation Cases On Baotou Procuratorial Organs

Posted on:2021-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:H J LiFull Text:PDF
GTID:2416330629982469Subject:Law
Abstract/Summary:PDF Full Text Request
The basic strategy for building socialism with Chinese characteristics in the new era is to uphold harmonious coexistence between man and nature,to protect the ecological environment and to build a beautiful China.The Party Central Committee has put forward the strategy of building an ecological civilization to solve the problem of environmental pollution by means of the rule of law.The environmental civil public interest litigation of procuratorial organs is guaranteed by the state's coercive force,which has the characteristics of strong professionalism and high winning rate.This paper mainly takes Baotou as an example to study the environmental civil public interest litigation initiated by the procuratorial organs,to find out the highlights,to find the deficiencies,to analyze the causes of the problems and to put forward corresponding countermeasures and suggestions.This paper adopts three research methods: comparative study which can compare the similarities and differences between Chinese and foreign civil environmental public interest litigation;statistical analysis which has sorted out the data related to the clue source and punitive damages of the civil environmental public interest litigation cases of the procuratorial organs in Baotou and field investigation investigating the development of civil environmental public interest litigation in Baotou.Based on the logical structure of discovering,proposing and solving problems,this paper studies the civil environmental public interest litigation of procuratorial organs and is divided into four parts.The first chapter is the introduction,which mainly focuses on the research significance,research background,research methods and innovations of the paper,as well as the legislation and research status of environmental civil public interest litigation at home and abroad.The second chapter investigates the civil environmental public interest litigation of the procuratorial organs in Baotou and makes a case study to summarize the advanced features of civil environmental public interest litigation of Baotou procuratorial organs.Chapter three finds the problems in environmental public interest litigation of Baotou procuratorialorgans,and analyzes the causes and harms of these problems.Chapter four puts forward the countermeasures and measures to solve the problems.It is found that Baotou procuratorial organs carry out civil environmental public interest litigation in a good overall situation through the research,with a high rate of litigation victory,greatly changing the power of the original defendants in public interest litigation,which will help to protect the ecological environment and achieve sustainable economic and social development.The procuratorial organ innovatively built the institution of compensation forest base of public interest litigation and regards the environmental public welfare compensation as the economic source of starting the replanting.Ecological restoration has become an important part of ecological environmental public interest litigation.By means of eliminating pollution,replanting and replacing restoration,the damaged ecological environment is restored,and the purpose of protecting the public interest in environmental civil public interest litigation is achieved.
Keywords/Search Tags:Baotou Procuratorial organs, Environmental civil public interest litigation, Criminal incidental civil public interest litigation
PDF Full Text Request
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