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On Environmental Public Interest Litigation System

Author: LouQiuLi
Tutor: TangYongZhong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Public Interest Litigation Environmental tort The subject of proceedings
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 238
Quote: 0
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Abstract


Social development, human progress, human beings in the creation of an unprecedented economic development, but also bring social problems can not be ignored - environmental pollution. Large tracts of forest have been cut down, Hayashida destroyed, rivers polluted oceans. Our environment is suffering ruthless trampling. Environmental issues have become a social problem can not be ignored. The Government has also been introduced policies to improve our living environment. But still feel beyond their grasp. The traditional administrative measures can not meet people's pursuit of environmental interests, so urgent new and effective means to solve such problems. Environmental public interest litigation has become the topic of our discussion. But at present, has not been established environmental public interest litigation. Western countries have been on a public interest litigation in the environment have a better development. As the traditional civil litigation system can not meet the needs of environmental public interest litigation, thus causing a lot of the main victims of civil rights can not get timely relief. Its limitations mainly reflected in the main proceedings eligibility restrictions, the allocation of the cost of litigation, the case of the distribution of jurisdiction, etc., these are environmental public interest litigation as a constraint to the development bottleneck. This article on the origins of environmental public interest litigation, as well as foreign development status, etc. are described in detail, and in the two legal systems based on the comparison of China's establishment of environmental public interest litigation feasibility and necessity, as well as how to build China's environmental public interest litigation . This paper is divided into five parts: the first part, a brief analysis of the origin of the concept of environmental public interest litigation. The second part discusses the establishment of environmental public interest litigation in our country the necessity and feasibility. The third part is the status of foreign-related legal system and comparative analysis. Focus group analysis of the German and American citizen suit litigation. The fourth part, China's environmental public interest litigation concerning the existence of difficulties. The last part is the focus of this article is that China should establish what environmental public interest litigation. In our environment, how to build this part of Public Interest Litigation, the author puts forward his own view that break the traditional limitations on the prosecution of the main qualifications, empowering citizens, prosecutors, and social groups are entitled to the right to sue. Sharing in the cost of litigation, the author sued in different body do different distribution. Today China has established environmental public interest litigation is ripe, society calls for a new legal system to safeguard their legitimate rights and interests. The establishment of environmental public interest litigation system will better promote the rule of law in the process, will better promote social harmony.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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