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Study on Qualification of the Plaintiff for the Public Environmental Interest Litigation

Author: WuWeiSheng
Tutor: YiHong
School: Jiangxi University of Finance
Course: Procedural Law
Keywords: Public Interest Litigation Environmental Public Interest Litigation Plaintiff Qualification
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 166
Quote: 1
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Abstract


Establish and perfect the legal system of Environmental Public Interest Litigation is an important way for public participation in environmental protection and improve the environmental legal system, the basis for effective protection of public environmental rights and interests, and to establish and perfect the system of Environmental Public Interest Litigation core issue is how to define Environmental Public Interest Litigation plaintiff. Proceed from the basic theory of the Environmental Public Interest Litigation Plaintiff system, basic theoretical research as well as the extraterritorial Environmental Public Interest Litigation Plaintiff system analysis, combined with China's specific national conditions, asked the Environmental Public Interest Litigation Plaintiff Qualification criteria and proposed a specific building program, advocates conferred on the individual citizens, procuratorial organs, environmental organizations and the relevant administrative authorities filed Environmental Public Interest Litigation qualifications, in order to get perfect, full protection of citizens' environmental rights and interests of environmental civil public interest litigation system to promote sustainable economic and social development. This paper consists of six parts: introduction, body of four chapters and epilogue. The first chapter describes the overview of the Environmental Public Interest Litigation System. First, the meaning of the Environmental Public Interest Litigation, features elaborate; Environmental Public Interest Litigation System classification brief introduction; final expounded Environmental Public Interest Litigation Plaintiff Qualification related theory, this is the system itself made an in-depth profiling and thinking later expand the basis of the work of the exposition. The second chapter describes the Environmental Public Interest Litigation Plaintiff Qualification related theory. Environmental rights theory, the theory of \Chapter III of the Environmental Public Interest Litigation Plaintiff Qualification in the United States, India and Japan were studied. Summary of comparative law perspective on the of these extraterritorial advanced experience, so we have a full range of the system, a clearer understanding. Of plaintiff qualified with a strong reference: Indian judicial activism, the positive role of the United States case law system built for Environmental Public Interest Litigation System; Japan Environmental the Civil Public Campaign has broad social participatory and progressive reform path selection. Chapter of Environmental Public Interest Litigation Plaintiff Qualification build. The first is the Environmental Public Interest Litigation Plaintiff Qualification build the premise of analysis, including amendments to the Environmental Public Interest Litigation Plaintiff Qualification criteria legislative confirmation Environmental Public Interest Litigation Plaintiff Qualification system is perfect on citizens' environmental rights and judicial safeguards. Then propose the scope of Environmental Public Interest Litigation Plaintiff Qualification, advocates of the plaintiff qualified type should include prosecutors, individual citizens, the relevant government agencies and environmental organizations, and at the same time meet the \corresponding system in order to effectively protect the interests of the public environment.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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