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Research On The Perfection Way Of Environmental Civil Public Interest Litigation By Social Organizations

Posted on:2021-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L SunFull Text:PDF
GTID:2506306191497904Subject:Procedural Law
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Ecological civilization is closely connected with the sustainable development of the Chinese nation,and is an important value pursuit for the modernization of national governance systems and capabilities.When the development of environmental justice specialization and professional innovation has become a trend,it requires not only the formation of a specialized judicial system,but also the deepening of the connotation of environmental justice specialization,and the need to greatly highlight the role of social organizations in environmental civil public interest litigation.However,social organizations still face many difficulties in participating in environmental civil public interest litigation,and their legal capacity needs to be strengthened compared with other subjects,and this article is based on this issue.First,this article explains the generation logic of social organization and environmental civil public interest litigation.From the constitutional obligation of citizens to environmental protection,to the transformation of interests under the theory of public trust,and to the legal response of risk society,this constitutes the theoretical foundation for safeguarding social organizations to initiate environmental civil public interest litigation.Secondly,based on the general situation of environmental public interest litigation filed by social organizations during the four-year period from 2015 to 2018,through analysis,it was found that problems such as insufficient institutional advantages,insufficient capacity for social organization litigation,and low enthusiasm for litigation participation were prominent.From the internal causes,due to the capture of the government's environmental administration,the relationship between social organizations,enterprises,and the government has shown an unequal state.At the same time,under the current management system,social organizations lack independence and autonomy.Compared with environmentally polluting enterprises,their ability to obtain environmental information and internal governance structure are not dominant,and there are certain restrictions on litigation procedures and models.From the perspective of external factors,using the economic analysis framework,it is found that the cost of litigation costs and the limited improvement of the social benefits of litigation have led to an imbalance between the costs and benefits of environmental civil public interest litigation brought by social organizations.In addition,the complexity of environmental pollution issues and the public's perception of social organization have become important obstacles.Finally,this article argues that a prerequisite is needed to improve the path for environmental civil public interest litigation filed by social organizations,that is,to clarify the boundary between "public interest" and "private benefit",distinguish the difference between reward mechanisms and seeking economic benefits,and achieve the goal of promoting prosecution and preventing abuse.Specifically,it can ensure the function of litigation in legislation,improve the corresponding litigation rules in the judiciary,enhance the ability of social organizations to participate in litigation administratively,and create a litigation atmosphere in the change of public perception.In order to better promote the participation of social organizations in the protection of environmental protection and environmental issues...
Keywords/Search Tags:Social organization, Environmental Public Interest Litigation, Legal protection mechanism
PDF Full Text Request
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