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Research About The Plaintiff Of Environmental Public Interest Litigation

Posted on:2015-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:M Q HanFull Text:PDF
GTID:2296330467477285Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental public interest litigation in recent years in Chinese new social phenomenon and legal phenomenon, it appears sparked widespread concern academia and practice sector. The new Code of Civil Procedure of2013in55to determine the legal status of environmental public interest litigation, which was incorporated into the system of the modern civil action. However, the level of development in terms of environmental public interest litigation is different in different countries, but to a lesser degree on the whole, China’s environmental public interest litigation has only just started, in all respects very immature.The Environmental Public Interest Litigation for the most important question is who can be the plaintiff, that is directly related to the lawsuit can be filed.This article explores plaintiffs eligibility of the environmental public interest litigation. The first chapter of the article is an overview of the basic theory of environmental public interest litigation.This section discusses some basic theoretical concepts on environmental public interest litigation and the plaintiff of environmental public interest litigation to provide the prerequisite and basis for the analysis of the follow-up of each subject.The second chapter is about the analyze whether the prosecution can be as a plaintiff of the environmental public interest litigation. The content analysis the issue of prosecution plaintiff eligibility and draw relevant conclusions, from a diachronic and synchronic, theory and practice in different ways.The third chapter is about the analyze whether the administrative department can be as a plaintiff of the environmental public interest litigation. The content analysis the issue of prosecution plaintiff eligibility and draw relevant conclusions, from a diachronic and synchronic, theory and practice in different ways. The fourth chapter is to analyze whether the environmental NGO can be as the plaintiff environmental public interest litigation.This section focuses on the definition of environmental NGO and analysis the feasibility of becoming the plaintiff of environmental public interest litigation. The fifth chapter is to analyze whether the citizen can be as the plaintiff environmental public interest litigation. This part is about analysis of citizens as plaintiffs through the history of the United States.
Keywords/Search Tags:Environmental Public Interest, Qualification of the Plaintiff
PDF Full Text Request
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