Font Size: a A A

Prosecution Trial Supervision System Research In Environmental Public Interest Litigation Investigate

Posted on:2016-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z L LiuFull Text:PDF
GTID:2271330479985328Subject:Law
Abstract/Summary:PDF Full Text Request
Our country is in the period of social transformation, the contradiction between economic development and environmental pollution, ecological crisis is gradually recognized by people, in order to solve this problem, the environmental public interest litigation system is one of the important path. Although the state and society have begun to focus on environmental public interest litigation system, but because of the environmental administrative behavior of dislocation and loss in environmental law enforcement, local protectionism, and even the unfair problems, environmental public interest litigation system does not run smoothly. In the new "environmental protection law" and "the Supreme People’s Court on the application of ’people’s Republic of China Civil Procedure Law" after the introduction of’ explanation, the conditions of admissibility, the environmental public interest litigation jurisdiction, the qualification of the subject of a number of specific provisions, but it does not fundamentally solve the environmental public interest litigation the dilemma of environmental public interest litigation system, the operation still exist many problems. Environmental public interest litigation is relatively general litigation has the particularity of environmental public interest litigation, the purpose is to protect the interests of state environmental interests, environmental interests of the social environment, and the majority of people are not specific, the pursuit of social justice, fairness, guarantee the sustainable development of society. In the implementation process often encounter administrative departments and other obstacles, in order to put an end to the court to act, in the environmental public interest litigation system to implement system of judicial supervision of the procuratorial organ’s better, we should play the role of the procuratorial organs of the environmental public interest litigation trial supervision system. Therefore, it is necessary to sort out, the existence of the prosecution trial supervision system of the environmental public interest litigation dilemma to straighten out the ideas, refine the scope of supervision, operation procedures, to change the traditional ideas, improve the environmental public interest litigation procuratorial organs of the trial supervision system, put forward the path to improve the practical, rational operation of the protection of environmental public interest litigation.The main content of this paper includes the following four parts: first, put forward the question, indicating the effect of source and the research of this problem; the second, the paper expounds the concept of the prosecution trial supervision system, clarify the theoretical basis and the necessity of the prosecution trial supervision system in environmental public interest litigation; third, analysis of the current situation of judicial supervision the system of environmental public interest litigation and difficulties, in-depth discussion from three aspects, the entity, procedure dilemma dilemma dilemma; fourth, in view of the existing problems, from the four aspects of the construction of environmental public interest litigation prosecution trial supervision coordination mechanism, perfect the procuratorial organs of the environmental public interest litigation system of supervision, promote team building, the prosecution trial supervision means perfect, put forward the perfect path. This research mainly adopts the methods of logical analysis, historical research method, comparative research method, literature research method.
Keywords/Search Tags:environmental public interest litigation, the prosecution trial supervision system
PDF Full Text Request
Related items