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Environmental Administrative Public Interest Litigation System Research

Posted on:2022-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2516306323950159Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The development of environmental administrative public interest litigation system in China is relatively short,and it is still at the initial stage of development,especially in the legislative field,where only a few legal provisions define and regulate this system,this makes the practice of environmental administrative public interest litigation in the lack of a corresponding legal basis,which can not be more effective on the behavior of the executive branch.The study of the environmental administrative public interest litigation system can not only protect the environmental rights and interests,but also promote the realization of the goal of building a beautiful China.In this paper,first of all,the basic concept of environmental administrative public interest litigation system is described,and from the legislative and judicial perspectives on the development of domestic environmental administrative public interest litigation status analysis,based on the relevant theoretical knowledge,this paper sums up the defects of the domestic environmental administrative public lnterest litigation system,and analyzes the environmental administrative public Interest Litigation System of the continental law system and the common law system countries,we found that there are a lot of lessons to be learned.In the system of environmental administrative public lnterest litigation in China,there are some deficiencies such as the plaintiff's qualification is too narrow,the source of the case is too single,the pre-litigation procedure is not enough,the burden of proof is too vague and so on.In view of these deficiencies,the paper puts forward corresponding suggestions,such as expanding the source of the case,widening the scope of the plaintiff,regulating the burden of proof,and regulating the pre-procedure of the lawsuit.
Keywords/Search Tags:environmental administrative public interest litigation, before litigation procedure, the burden of proof, scope of case
PDF Full Text Request
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