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Empirical Research on Barriers and Solutions of Environmental Public Interest Litigation of China

Author: XuLing
Tutor: JiangWuZhen
School: Jiangxi University of Finance
Course: Economic Law
Keywords: Environmental public interest litigation Proper Party Environmental Administration Environmental Public Responsibility
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 510
Quote: 1
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Abstract

Environmental public interest litigation is an important way to solve the environmental public disputes, protection of the environment. Affected by the traditional right of appeal and the Standing Theory, China's Civil Procedure Law and the Administrative Procedure Law of the plaintiff to sue, were collected directly interested party principles, this theory and legislative environment and public interests excluded from judicial protection. Judicial practice in China but there is normative documents on environmental public interest litigation and case, these normative documents and case is individual and accidental, but a closer study of these normative documents and case can be found in environmental public interest litigation practice problems, and these problems is to promote environmental public interest litigation established in the legislation of our country must be addressed. The text is divided into three parts. The first part analyzes the status quo of China's environmental public interest litigation and the main problems. First from the Basic Law, a single law, the relevant policies, the Supreme People's Court file that the status quo of China's environmental public interest litigation legislation; followed by the collection of environmental public interest litigation case, the analysis of environmental public interest litigation in the local practice of the relevant norms of the status of documentation , the establishment of environmental courts, environmental public interest litigation representative case, from the basis for the Court, the original defendant, the type of trial procedures, closed, claim and obligation way angle that the judicial practice of the status quo of environmental public interest litigation; Last from the legal basis for the plaintiff qualifications, the relationship its responsibilities Elements of Environmental Public Interest Litigation and Environmental Administration, causal relationship identified that the main problems of China's environmental public interest litigation. The second part analyzes the main reason for China's environmental public interest litigation problems or obstacles. First pointed out the obstacles of the traditional right of appeal and the parties theory of environmental public interest litigation plaintiff qualification; Second, from the angle of environmental public interest litigation and environmental administrative law enforcement relationship that the promiscuity of environmental public interest litigation is not clear result in both environmental public disputes relief; finally distinguish between different responsibility for the application of different liability constituent elements, analysis of the the environmental public disputes responsibility and the constituent elements legislation is not clear and less theoretical research. The third part to overcome some ideas of environmental public interest litigation disorders. First, examine the environmental public interest litigation system in the United States. Qualification from the plaintiff, the scope of the scope of the defendant and the complaint, the limitation of the environmental citizen suit, the referee type, the burden of the cost of litigation special rules introduced environmental citizen suits, and analysts pointed out that our country can learn from. Second, from the perspective of improving the traditional theory of action, analysis of the different mechanisms of procuratorial organs, environmental administrative law enforcement or resource management agencies, civil society groups and individual citizens as the plaintiff environmental public interest litigation, and from China's current reality, pointing out that at this stage of China's legislative on environmental public interest litigation brought to the procuratorial organs and the environment administrative department should be established as the leading advocate of social organizations and citizens to actively participate in environmental public interest litigation, environmental public interest litigation start the main system. Again distinguish between the different functions of the environmental public interest litigation and environmental protection administrative law enforcement, and to distinguish the type of environmental public interest litigation filed the subject, pointed out that the general should set environmental administrative enforcement of environmental public civil action pre-procedure, but there are exceptions, such as sewage standards still cause environmental public damage, direct mention of environmental public civil action. Finally, the constituent elements of the substantive issues of environmental public interest litigation that the constituent elements of the environmental public administrative proceedings, administrative responsibility with the general administrative proceedings, environmental public civil action to stop the infringement, eliminate the obstruction, eliminate the hazard liability and general environmental pollution infringement the same type of responsibility, liability for damages should adopt Liability Principle, but a distinction should be made between the plaintiff to allocate the burden of proof of causality.

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