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Study on Representative Litigation of the Procuratorial Organs in Environmental Tort

Author: ZhangChunQin
Tutor: DingWenYing
School: Inner Mongolia University
Course: Legal
Keywords: environmental tort litigation of the procuratorial organs legal status
CLC: D926.3
Type: Master's thesis
Year: 2012
Downloads: 43
Quote: 0
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Abstract


Whether procuratorial organs can be used as environmental subject of public interest litigation has been controversial by the academia. Combined with the theoretical research, the author thinks that the plaintiff in environmental tort public interest lawsuit can be procuratorial organs or subjects.This paper aims to research the problems that procuratorial organs, which represent the interests of state or public, file public interest litigation about environmental tort behavior. We try to determine the legal status of the procuratorial organs in environmental tort public interest litigation by analyzing the theoretical basis and legal basis on which procuratorial organs file environmental tort representative litigation. And then, we study on the range of cases that procuratorial organs file environmental tort representative litigation, the procuratorial organs’ authority and the burden of proof in it.This paper argues that:the procuratorial organs filing a lawsuit as the environmental tort litigation representatives, has theoretical basis and is also consistent with the judicial practice. We can also learn from foreign successful experience and find the basis in our law. That has the feasibility of theory and practice. The procuratorial organs in environmental tort representative action should be in the party’s status. There is no conflict between such legal status and the "law supervisor" status which constitution and the basic law can grant. they can run parallel. Based on the complexity and potentiality of the influence of environmental tort, procuratorial organs should be granted the right of preceding investigation and the right of evidence collection in the environmental tort action for public interests. At the same time, procuratorial organ as one of the parties to the suit should be bound in the burden of proof.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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