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The Research On The Administrative Public Interest Litigation System Of Environment In China

Posted on:2020-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:L L HeFull Text:PDF
GTID:2381330575993957Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years,with the progress of the times,the process of governing the country in accordance with the law has been accelerating.People have become more and more concerned about environmental rights and interests.Countries have also adopted various methods to continuously deepen exploration on the issue of environmental rights and interests,and even adopted legislation,etc.Ways to strengthen environmental protection.In the process of legalization in our country.environmental administrative public interest litigation has emerged more and more frequently in social and academic discussions and has become an imminent problem.What must be done now is to explore the environmental administrative public interest litigation system according to the actual situation.From a realistic point of view,it is necessary to establish an environmental administrative public interest litigation system if it is to protect the public interest of the environment.This measure is of great significance for improving China's legal system for environmental protection.In China,the creation of environmental administrative public interest litigation is a reflection of public interest and concern for public welfare.While enhancing citizens' awareness of environmental protection,it promotes learning and learning from the advanced environmental protection cause in the international community,and makes us more aware of relevant systems and laws.The social effect is full of expectations.However,in recent years,with the deepening of judicial practice,the effectiveness of environmental public interest litigation has been constrained and limited by objective conditions such as the incomplete legal system.How to strengthen exploration and breakthrough in this field has become a research hotspot in academic circles and in society.This article has four major parts.The first part:expounded the environmental administrative public interest litigation and related contents from the concept level,introduced the types and characteristics of the environmental administrative public interest litigation and introduced the categories of litigation and theoretical sources,and analyzed the environmental public welfare from the perspective of theoretical basis.Litigation,thus in-depth analysis of related issues of administrative power and judicial power.The second part:Inspected the various administrative public interest litigation systems outside the domain,and combined with the current practice in China,analyzed the current situation of China's laws against environmental administrative public interest litigation system and its deficiencies.The third and fourth parts of this paper explore the establishment of an environmental administrative public interest litigation system in China.After examining and analyzing the current situation of China's environmental issues and environmental public welfare protection management system and the practical issues in the development of the environmental administrative public interest litigation trial,the litigation The related issues such as the qualifications of the plaintiff and the scope of accepting the case provided its own thinking from the perspective of legislation,put forward its own ideas from the perspective of institutional construction,and analyzed and demonstrated the current development trend of China's environmental administrative public interest litigation system and corresponding legislative ideas.To provide a new and useful idea for its perfection.Through analyzing the operation of the environmental administrative public interest litigation system and taking full account of the existing practical experience,this paper has drawn a few personal opinions on the basis of full integration with the actual situation in China.Of course,it does not dare to expect the author's point of view to allow environmental administration.The current problems in the public interest litigation system have been completely resolved.China's environmental administrative public interest litigation system is also undergoing continuous development.The author will will also continue to work hard to study and pay attention to this issue.
Keywords/Search Tags:Public interest litigation, environmental administrative public interest litigation, legal system construction
PDF Full Text Request
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