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A Study On The Perfection Of Environmental Public Interest Litigation System In China

Posted on:2016-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ChenFull Text:PDF
GTID:2271330470468079Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
Although China’s environmental law started late, it has already formed a certain system nowadays. In environmental protection, public participation in environmental public interest litigation is an important part of public participation in environmental protection. From a view of practice, although environmental public interest litigation system has some certain development in our country, the environmental public interest litigation system is still not perfect, and there are still many barriers to environmental public interest litigation. Through personal research and collecting the current practice of environmental public interest litigation cases, combining with the specific environmental public interest litigation theory and judicial practice, it proposes some countermeasures to improve our environmental public interest litigation.This paper has four parts, the first part describes the concept, the characteristics and the necessity of environmental public interest litigation; The second part describes the development and cases of public interest litigation at home and abroad, including the system study on public interest litigation in US, India and Japan, and analyzes the public interest litigation cases occurred; The third part analyzes the defects of our environmental public interest litigation system, including plaintiff qualification, the scope of the case, litigation restrictions, etc. Through the analysis of the related system abroad and the current discussion of our environmental public interest litigation, it concludes the defects of our environmental public interest litigation; The fourth part proposes some suggestions for the improvement of our environmental public interest litigation. Based on the analysis of the lack of our environmental public interest litigation and learning from the experience of environmental public interest litigation system at home and abroad, it puts forward the suggestions for the improvement of our environmental public interest litigation, including the expansion of the litigation subject qualification of the plaintiff, the implementation of environmental justice specialization, the improvement of environmental protection fund system, the establishment of the circuit court of environmental public interest litigation, etc.
Keywords/Search Tags:Environmental Public Interest Litigation, System Improvement, Environmental Judicature
PDF Full Text Request
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