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Reflections On Environmental Public Interest Litigation System

Posted on:2014-05-21Degree:MasterType:Thesis
Institution:UniversityCandidate:ChengFull Text:PDF
GTID:2176330425458970Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental public interest litigation refers to state organs, legal person, public organizations or citizens to safeguard environmental public interest for the purpose, in view of the behaviors of violating environmental public interest lawsuit brought. With the rapid development of social economy, creating the material wealth for human beings, the at the same time, also let the human pay a heavy price, environment problem increasingly attention by people. Environmental public interest litigation as a relief way to solve the problem of environmental pollution, has been more and more people accepted both at home and abroad, and the new "civil procedure law" to the increase of the environmental public interest litigation, fill a vacancy in the law.Environmental public interest litigation system is not only in theoretical circles, or in the judicial practice has certain research significance. This paper tries to study abroad, on the basis of environmental public interest litigation legislation and practice of environmental public interest litigation in China is analyzed, the environmental public interest litigation on the specific procedures of construction and innovation put forward his own idea and conception, in order to improve the system of environmental public interest litigation as.This paper is divided into four parts:the first part starting from the significance of environmental public interest litigation system, which is introduced to analyze its significance in theory and practice, expounds the role and the value of the research. The second part to the United States and Japan the environment public welfare lawsuit system for reference, expounds the American environmental citizen suit system linked to the Japanese public litigation system, at the same time to analyze the typical cases of two countries. The third part summarizes the legal basis on environmental public interest litigation system in our country and the judicial practice, and analysis of environmental public interest litigation system in our country the problems and obstacles. Finally, this article on the basis of the foregoing part of the analysis, for the construction of environmental public interest litigation system in our country, puts forward some Suggestions, in order to better guide the construction of environmental public interest litigation system in our country and the judicial practice.
Keywords/Search Tags:public interest litigation, pollution of the environment, environmentalpublic interest litigation system
PDF Full Text Request
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