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Research On Specialization Of Environmental Judicial Procedure

Posted on:2016-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhouFull Text:PDF
GTID:2206330470481607Subject:Law
Abstract/Summary:
With the worsening of environmental problem, the social from all walks of life began to focus on environmental trial research. In our country’s environmental disputes regularly addressed by the environmental protection department, very little processing in the form of litigation of environmental disputes, as the complex of environmental problem and professional characteristics, such as the traditional pattern of environmental dispute already can not adapt to social development. From this the environmental dispute settlement mechanism to build perfect specialized environmental judicial organ and program, the aftermath of the environmental problems and can be guaranteed. In environment trial mechanism basically belongs to the trial stage in China, the environment of the trial program is for us to discuss.In Guizhou province, Jiangsu province, Yunnan province, such as the establishment of environmental courts around the 2014 the supreme people’s court approval of the central government established the environmental resources divisions for the move marks the environmental resources in our country judicial work of the professional judgment entered into a new historical stage. Since 2007, our country started the course of trial practice to the environment. All issued about environmental measures for the handling of disputes from the environment dispute lawsuit main body, the case scope of the case, and the problem of the jurisdiction of the country combined with the actual situation of their trial procedure of environment is not the same, implement also does not have uniform standard, lead to actual processing environment around little dispute and huge environmental courts have no case to trial embarrassing situation, courts also useless. In 2014, involving a number of environmental public interest litigation laws and judicial interpretations successively promulgated, in general is the collection throughout the country, director of the made the relevant provisions of the environmental public interest litigation. In the environmental litigation across a big step in the history of development, but in a program on the rules of the conservative stage. So this article concentrated to analyze our country environment trial program specialization, through the comparison of domestic and foreign research, summed up a set of suitable for the development of our country environment trial procedure. Specialization, to achieve environmental resources trial, will establish a complete environmental litigation procedure so as to ensure the normal continuity for environment of the trial.The article is divided into four parts of our country environment trial program specialization road is discussed. The first part introduces the background of the selected topic and the significance and the current situation at home and abroad, research methods and research target, through that part of the study, can generally understand the development situation of our country’s environment on trial procedure whole. The second part is specializing in environmental trial procedure in our country and the dilemma, summarizes the deficiency of environmental public interest litigation in our country, to prepare for the perfection of the later. The third part is the comparison focuses on foreign environmental trial system in China, the comparative study on the foreign advantages, to provide reference for the our country, the last part is for question, find out a series of paths, able to solve the trial procedure to further improve our country environment, guarantee the smooth environmental dispute solution.
Keywords/Search Tags:Environmental proceedings, Subject qualification, case scope, Conciliation mechanism
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