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The Environmental Public Interest Litigation in Our Country Exist the Problems and Countermeasures Research

Author: WuXinZhi
Tutor: YangZongWen
School: Xinjiang University
Course: Legal
Keywords: environmental public litigation legislation model litigation plaintiff procedural safeguards supporting system
CLC: D922.68
Type: Master's thesis
Year: 2013
Downloads: 331
Quote: 0
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Abstract


As the end of the second world war, rapid and sustained development of theindustrial revolution, followed by a widespread outbreak of all kinds of environmentalproblems, from the old eight major public nuisance to new eight major publicnuisance, all kinds of environment occur frequently. humans began to re-examine itsrelationship with nature. Countries around the world has set off a wave ofenvironmental protection,environmental public interest litigation has been on thestage, to a certain extent, solves the problem of public environment, contain thepeople stop at nothing to nature for the behavior of economic interests. China’s largepopulation, In the phase of social transformation, there has been a great relationshipproblem of population, economic and environmental, how to mitigate environmentalproblems affect, environmental public litigation has a great value. environmentalpublic interest litigation in our country is in its infancy, faced with many difficulties,establish perfect system of environmental public interest litigation, find out theexisting problems,and how to solve the problems is the keyThis paper is mainly divided into five parts. The first part introduces an overviewof environmental public interest litigation. The second part mainly discusses theproblem on the mode of environmental public interest litigation legislation, byinvestigating the mode of foreign legislation, suitable for our country’s legislationmode is put forward. The third part introduces qualification of the plaintiff eligibilityquestions, the height of the investigated foreign plaintiffs qualification expansionary,and the design is suitable for the scope of plaintiff qualification in our country. Thefourth part introduces the existing problems in environmental public interest litigationprocedure guarantee, mainly includes two aspects of distribution of the burden ofproof and litigation costs, through draw lessons from foreign treatmentcountermeasures are put forward. The five part describes problem of environmental public interest litigation support system in our country, by investigating the foreignsupport system, for the support system of our country.

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