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Environmental Public Interest Litigation System Research

Posted on:2020-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:C X ZhaoFull Text:PDF
GTID:2511306116976629Subject:Master of law
Abstract/Summary:PDF Full Text Request
In the 40 years of China’s rapid economic development,China’s miracle has been created,great achievements have been made,and serious environmental problems have been brought about,resulting in negative environmental effects that have seriously affected the quality of life of the people.The ecological environment is people’s public products,is the most inclusive people’s livelihood and well-being.In a highly responsible spirit,the Chinese government has embarked on a series of policies and measures to protect the environment,control pollution and attach importance to ecology,and the construction of ecological civilization has been incorporated into the 13 th Five-Year Plan,and the concept of green development and sustainable development has been deeply rooted in the people’s hearts.Since the implementation of the most stringent Environmental Protection Law in history,from the government to the people began a vigorous siege of the "pollution destroyers".However,environmental improvement is not a day’s work,in the repair of the environment,punish the pollution destroyer saboteurs on the road,the power of justice can not be lacking,all kinds of environmental pollution infringement cases through litigation to be resolved.Since the implementation of the newly revised Environmental Protection Law,environmental public interest litigation has developed as a new type of litigation,and legislative advancement and judicial practice have been mutually reinforcing and mutually reinforcing.Through the development of the past 5 years,the number of cases filed in environmental public interest litigation has been increasing,the scope of the casehas has been expanding,and the litigation requests have become more diversified.However,from the statistical analysis and comparison of environmental public interest litigation cases accepted by courts all over the country,it is found that there are still many problems in the acceptance of cases,plaintiff’s qualifications,the way of closing cases,etc.,and there are scattered laws and regulations and legislative gaps in the courts.As the main implementing organ of the judiciary,the court plays a leading role in the implementation and promotion of the environmental public interest litigation system,and in the face of these problems,it is necessary for us to take the court as the perspective of the number of cases,regional distribution,the type of original defendant,the type of case,The way of closing the case systematically studies the achievements and problems of public interest litigation in China in recent years.To improve the concept of environmental justice,improve the relevant system of environmental public interest litigation to put forward suggestions to ensure that environmental public interest litigation legislation step by step,operability continues toenhance.Environmental public interest litigation can not only play the positive role of the court in environmental public welfare remediation,but also encourage the public to supervise the government’s environmental administration and promote public participation in environmental protection.
Keywords/Search Tags:environmental public interest litigation, legislative advancement, judicial practice, perfect recommendations
PDF Full Text Request
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