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Legal Protection Mechanism Of The Environmental NGO

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z F SunFull Text:PDF
GTID:2211330374463057Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
On March242005, environmentalists pointed out that the control project of the Yuan MingYuan used a large number of white impermeable membranes, causing adverse effects on theenvironment. Immediately, Friends of Nature, and other environmental NGO conveyed a meeting toprotect the ruins of Yuan Ming Yuan ecology to environmental protection competent bodies.Moreover, in the Yuan Ming Yuan seepage project environmental impact report, it requires that itmust be comprehensive reformed, prohibits the destruction of the environment. The incidentbecame the example of successful of environmental NGOs and the environmental protectiondepartments.Of course, this is the rule of law in a microcosm of Chinese environmental NGO in theenvironment. How to establish a complete legal system to protect the legal rights of theenvironmental NGOs have become a challenge in front of us. In view of this, the paper is dividedinto four parts, detailing study of legal protection of the environmental NGO in order to improve thelegal protection mechanisms a promote the process of legalization of the environment.From the theoretical point of view of the Environmental Protection Act, the first part is toexpound the connotation of environmental NGOs and their significant features, such as, non-profit,non-governmental. Then, it analyzes the four stages of development of the environmental NGOlegal protection mechanisms, specifically describes the four basic functions of it in theenvironmental law.The second part of the basis of theoretical analysis analyses the existing problem of legalprotection system from the national conditions of China. For example, it started later, theimplementation of a dual license, dual management system, high application threshold acumbersome limit the development of environmental NGO. The legal system of NGO does notform a complete system, and there are a lot of legislative gaps. It is lack of the right to know theprovisions of environmental law enforcement, and it is an urgent need to improve environmentaljustice system.The third part analyses the legal protection system of the United States, Germany, Japan, andthe UK environmental NGO in developed countries, summarizing their common characteristics toprovide a reference for improving our environmental law. Such as, the United States bringsenvironmental litigation main "any person", the Japanese government gives environmental NGOexecutive power etc.The fourth part explains the specific issues for Chinese environmental NGO. It introduces the advanced system of foreign countries. I propose we should reform the environmental NGO and setup a way to simplify the administrative examination and approval procedures. We can improve theefficiency of illegal cost of production enterprised in order to achieve environmental justice fair.In short, the environmental NGO, as a new "third sectors", has become an indispensable forcein the environmental protection of China. It can not be ignored. In the backdrop of the socialist ruleof law, the government promotes the development of the environmental NGO by legal means. It isin line with the development trend of environmental protection of the world.
Keywords/Search Tags:the NGO of Environment, interest litigation of public, environmental law enforcement, environmental justice
PDF Full Text Request
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