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Environmental Organizations Filed Public Interest Litigation

Posted on:2017-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y D DuFull Text:PDF
GTID:2311330488453931Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the industrialization of economic, environmental pollution is more and more serious, for their own survival is a wake-up call, in the face of such realities, environmental public interest litigation system in our country also arises at the historic moment. In such circumstances, Fujian Nanping ecological damage case concluded by the end of 2015, the implementation of environmental protection as a new environment after the first case of public interest litigation, to China's environmental organizations filed public interest litigation environment has brought new opportunities and challenges. This will be the first case of environmental public interest litigation, for example, while affirming its success made some sense, but also led to some reflection on the violence leakage problems, such as environmental groups sued the conditions for further relaxation of environmental organizations own capacity needs to be strengthened, the decision of the lack of effective implementation and monitoring, as well as related specific system need to be clarified and improved. In this paper, the relevant information documents collected for environmental groups filed the legal issues of environmental public interest litigation corresponding analysis, and lift the environmental public interest litigation against China's environmental protection organization of the relevant system put forward some suggestions and countermeasures in the hope of China's environmental protection organization contribute to better participate in environmental activities. In this paper, besides introduction and conclusion part, which is divided into five chapters:The first chapter is about the south Fujian province ecological destruction. Of new environmental laws in this chapter a brief review of environmental public interest litigation is the first case, absorbing and summarizing the case highlights and significance, and from the Angle of the environmental protection organization environmental public interest litigation made some thinking.The second chapter is environmental groups filed a theoretical analysis of environmental public interest litigation. This chapter of environmental groups and introduction to the theory of environmental public interest litigation related concepts, and using the public trust theory, the environmental right theory and private attorney general theory as the theoretical basis.The third chapter is environmental protection organization in China the present situation of environmental public interest litigation law. By environmental groups mentioned in this chapter introduces the development of environmental public interest litigation overview, respectively, of civilian law article 55, environmental law article 58 and the environmental law interpretation and the civilian applicable to explain the author analyses two explanations.The fourth chapter is the foreign environmental group environmental public interest litigation practice experience and the enlightenment to our country. Contrapose to through this chapter respectively on behalf of the state of the summary and analysis of practical experience, some environmental groups in China on the system of environmental public interest litigation related to some views.The fifth chapter of environmental organizations filed public interest litigation environment Conceive. Chapter by chapter bedding made above, from the perspective of the organization's own environmental management perspective and put forward some suggestions and made some concrete system of environmental organizations filed public interest litigation environment.
Keywords/Search Tags:environmental protection organizations, environmental public interest litigation, system construction
PDF Full Text Request
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