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The Research On The System Of Environmental Civil Public Interest Litigation Initiated By The Procuratorate

Posted on:2022-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:L Q LiaoFull Text:PDF
GTID:2506306485465264Subject:Master of law
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The goal of the new era of ecological civilization and the construction of a beautiful China is listed by the State Council as a strategy to promote the country’s key development and construction.It is an inevitable choice for the prosperity of the Chinese nation.Whether the ecological environment can be fundamentally improved and whether the goal of a beautiful China can be basically achieved after hard work will be one of the important criteria for assessing whether the goal of socialist modernization in 2035 has been achieved.The procuratorial organ has been the most powerful guarantee for safeguarding our national and public interests since its birth.In recent years,with the rapid development of society,human beings have developed the economy at all costs,over-exploited environmental resources,and based on the conflicts of diversified interests and values,various forms of environmental and ecological problems have occurred frequently,polluting the environment,wasting resources and destroying the ecology The cases have been repeatedly banned.At this time,the procuratorial organs should take the initiative in accordance with the actual situation.Initiating environmental civil public interest litigation in cases where no one is indicted or others are unable to sue.This not only accords with the legal supervision organ status,but also accords with the function of safeguarding social welfare,and also helps promote social development.The procuratorial organ’s environmental civil public interest litigation system has gone through a process from policy exploration to legislative confirmation.Although the system for procuratorial organs to initiate environmental civil public interest litigation has been established before,it is still a relatively general regulation.How to solve the difficulties faced by judicial practice,how to develop advantages,and how to improve the system is still in the stage of continuous exploration.As our country enters a new historical stage,the new stage has new requirements for our country’s legislation and justice.In the face of these obstacles,the most urgent task is to improve this system as soon as possible.This article first elaborates the environmental civil public interest litigation system initiated by the procuratorial agency,summarizes and analyzes related concepts,and clarifies the background of the system at a deeper level;secondly,it explores the current development of the system in our country,and points out that it is in legislation and practice.Existing problems;then further analyze the relevant legislative practices of foreign countries,and on this basis,explore the advantages of environmental public interest litigation in these countries,and combine the development of the system in our country,and put forward the places that can be used for reference;finally,it is mainly aimed at this The current design flaws of the system provide suggestions for improvement on the corresponding issues.
Keywords/Search Tags:Procuratorial organs, Public interest litigation, Civil public interest litigation, Environmental civil public interest litigation
PDF Full Text Request
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