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The establishment of a number of issues of environmental public interest civil litigation system

Author: LeiHaiPing
Tutor: LiXiKun
School: Kunming University of Science and Technology
Course: Environmental Resources Protection Law
Keywords: environment environmental public interest civil action study
CLC: D925.1
Type: Master's thesis
Year: 2006
Downloads: 232
Quote: 1
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Abstract


As a new type of modern proceedings, the system of environmental public interest action concerns about the environmental public interest. Different from the traditional environmental proceedings, it is supported theoretically by public trust doctrine and environmental rights theory. The theory of the enlargement of the modern proceeding function leads to the special function of producing the policy of the public environment proceedings. The environmental public interest action is established for the public and those who are under the administration so they can have the rights and opportunities to participant in the administration of national environment in a judicial way, and to some extent it has some positive influence on the forming of the policy of the environment protection and the development of the environmental legislation.This thesis covers six parts. The first part is the introduction to the system of environmental public interest action, which will make clear the concept, classification and features of it and acquaint the readers with basic reasons and the theoretical basis. In the second part you will be presented the concept and features and the theoretical basis in detail. The third part is aimed at the comparison between the proceedings in America, Japan and Germany, which will surely provide reference to our country. The fourth part includes the necessity and feasibility of establishing such a system of the proceeding, from which you can see the significance of the establishment. Actually the author focuses her point on the fifth part. Through careful comparison and deeply thought, we can see the various embarrassments Chinese environmental public interest action are facing in the reality. Therefore the primary idea of establishing the environmental public interest action is proposed by the author, who then discussed some particular problems of this system deeply. Considering about the serious pollution of environment and the companies’ ability of . compensation, in the last part the author suggest combining the method of potential victims insuring themselves and of forcing the companies to buy liability insurance. In this way, those victims will be compensated much quicker and more perfect. Besides the system of environmental public interest action, the author thinks that to deal with the environment protection, establishing a flexible and convenient way outside the courts is also necessary.Therefore we should position the environmental public interest action like this -----thegradual process of the generation and approvement of the environment rights should be realized in lawsuit in order to further recognition and protection of the rights of entities.

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