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A Research on the System of Civil Environmental Public Prosecution in China

Author: ShiLing
Tutor: PeiLiPing
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: Environmental public interest Civil public interest action Subject of civil public interest action
CLC: D926.3
Type: Master's thesis
Year: 2013
Downloads: 7
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Abstract

Since the reform and opening up, China has gradually realized the important role and strategic significance of environmental protection, reflecting in the legal field, which pay more attention to the protection of the environmental public interest, the integration of environmental protection into the track of the rule of law and systematic. The provisions of Article55in the modifying "Civil Procedure Law" maintain that the law authorities and relevant organizations can pollute the environment acts to the people’s court proceedings, but did not mention the specific provisions of the main body of the environmental public interest litigation and how to build such a system.From the theoretical point of view, the procurator organs as the legal supervisory authority, with responsibilities to safeguard judicial justice, and thus has a public nature, environmental public interest litigation is the typical representative which to protect the public interest. Although under the law, it lifts many main body(including the specific state organs, social groups and organizations), but the prosecution filed a public interest litigation in the exercise of the right to legal supervision for the purpose of supervision of legal compliance and implementation is the only pursuit excluded the independent pursuit of interests, and thus be able to safeguard national and public interests effectively.In some foreign countries, prosecutors initiating public proceedings is a general order. Many countries allow prosecution organs to participate in and initiate public proceedings. Particularly when it involves the country and society’s interest, proscuratorial organs have the right to initiate environmental public interest litigations.In our country, due to the lack of specific provisions of laws, the prosecution in the public interest litigation subject qualification program design still exits doubts and no operability. Exploration and research on these issues, certainly contribute to further establishment and improvement of the civil environmental public interest litigation system. In this paper, presenting preliminary ideas on the basis of the proscuratorial organs to inspect instituted judicial practice of environmental public interest litigation.This article is divided into five parts:The first part introduces the overview of the environmental public interest litigation system. In the basis of the understanding of the public interest litigation to understood the environmental public interest litigation, and to proscuratorial organs intervention lay the foundation to deepen understanding of the content and features of environmental public interest litigation on the basis of the theory. The second part introduces the function of the system of the environmental public interest litigation. Clarifying the uniqueness and superiority of the Environmental Public Interest Litigation system on the basis of a comparative analysis of the legal system and related litigation environmental public interest litigation system, and then discussing the social function of the environmental public interest litigation system. The third part introduces the prosecution filed the main qualifications of the environmental public interest litigation. From the Legislative Review litigation structure, the prosecution filed the Environmental Public Interest Litigation theoretical and empirical analysis, to clarify prosecution filed the advantages and positive effects of the environmental public interest litigation. The fourth part introduces the burden of proof and the limitation of actions of the environmental public interest litigation. The main recommendations in the design of the system, the burden of proof and aging of environmental public interest litigation. The fifth part introduces the prosecution filed the jurisdiction of the environmental public interest litigation cost system. Mainly discussing the prosecution filed environmental public interest litigation should be how to determine the jurisdiction and litigation of how the costs should be borne.

A Research on the System of Civil Environmental Public Prosecution in China

Abstract

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