Font Size: a A A

Research On Evidence Collection System Of Environmental Civil Public Interest Litigation

Posted on:2022-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2506306479486284Subject:Law
Abstract/Summary:
The evidence was focused and pivotal at all stages of the proceedings,and the full picture of the facts of the case was crystallized as the evidence series was compiled,and it was the ability to gather evidence that directly determined the facts of the case,as well as the legal results or the results of the judgement.The importance of evidence is therefore conceivable.Especially in cases of public right claims as a kind of damage,the importance of collecting evidence needs to be more accurate,on a continuous basis,hidden damages,gradient testimonies and roaming,those characteristics and did not consult me will not match the information,the plaintiff has not completed the knowledge and associated knowledge of pollution for reasons such as lack of favourable status.Moreover,claims for environmental public interest relating to various types of ecological pollution and environmental damage affecting a certain majority of people can be said to be the solidarity of each individual.Thus,the collection of evidence determines the likelihood of success in a civil civil environmental case of public benefit,while the judgement concerns not only the person concerned,but also society as a whole.It is clear that improving and developing evidence-gathering systems is crucial to achieving society’s awareness of the fairness of their issues in environmental disputes.The main part of this article consists of four parts:The first part contains a theoretical overview of the evidence-gathering system in the environmental civil litigation system.The article began by identifying what environmental civil claims are,what is the right to collect evidence,and then identifying the evidence-gathering system;It is then compared to the evidence-gathering system in ordinary civil proceedings and analyses the characteristics of the evidence-gathering system in environmental civil suits.The second part includes an analysis of the current situation and problems with the evidence-gathering system in environmental civil claims.First,information on the current state of evidence collection by parties in current practice in terms of legislation and the judiciary and,secondly,analysis of evidence-gathering issues in environmental civil interest claims,based on the current state of analysis.The third part includes information and studies on experiences beyond regional boundaries,gathering expertise by examining evidence from developed countries beyond their territorial boundaries,conducting a comparative analysis of evidence-gathering systems in both civil and common law systems,and drawing lessons from systems that transcend regional boundaries with regard to our evidence-gathering system for environmental public goods.The fourth part of it is the development of an evidence-gathering system in general environmental civil proceedings,which is the obligation of the lawyer and the investigative and the main instruments of the order system,taking as a basis for this,these two previous three-part part,against a state of trouble,along with best practices beyond regional boundaries,with the aim of collecting evidence in the general environmental civil proceedings of my institutions in their modest way.
Keywords/Search Tags:Loyalty agreement, Application of law, Limitation of law, Suggestions for improvement
Related items