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The eligibility of NGOs in China 's environmental public interest litigation in the plaintiff

Author: WangHaiYan
Tutor: XuQianFei
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Plaintiffs qualification environmental groups commonweal environment lawsuit
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


At present, the commonweal environment lawsuit theory in the issue of complaint qualification is limited. The Civil Lawsuits and the relevant laws stipulate that the suing subjects must be related to their own interests, which confine the subjects in a narrow scope. This thesis breakthroughs the traditional theory of "the directed stake" and confers the qualification to the non-government organization in the commonweal lawsuit of the civil action environment. Additionally, we may use the foreign ways about the NGO in qualification of the civil action environment as a reference. A developing process from individual case to common ones, general to normal prepares for the final law. For instance, in American, the initial court stands on the principle of’the law right’, only when the subject can prove his right has been damaged or suffering from, otherwise, the subject lacks the qualification of complaint. However, the crisis for public interests gradually pushes forward court to change the ’law right’standard into the’fact harm’standard. In 1990s, American made the qualification limitation of complaint narrower and narrower, thus making NGO join in the commonweal lawsuit actively, making NGO in public interests play more important role. In the judicial practice of our country, we can also use this mode, and gradually bring NGO into the scope of our commonweal lawsuit subject, further fully mobilize all society power to participate in administration of public affairs and safeguarding of public interests.This thesis is divided into five parts. The first part is about the statement of problems. From the article 108 of the civil suit law as mentioned, this part introduces the main problem of our environmental commonweal lawsuit is to breakthrough the present’the direct stake" theory and enlarge the qualification of the plaintiff. The second part makes a detailed analysis about the feasibility of the current citizens as the complaint subject of commonweal lawsuit, and also makes a detailed discuss about the advantages and disadvantages of the environmental protection administrative organ and procuratorial organ, further bring out the point-the problem of subject qualification about NGO as environment commonweal lawsuit. The third part makes an analysis about the necessity and feasibility of subject qualification on NGO as environment commonweal lawsuit. The fourth part dissertates on that the barrier exists in China at present when NGO institutes environment commonweal lawsuit. The last main part perfects the qualification of NGO lawsuit subject from several prospects in legal system, commonweal lawsuit system and the specific operation of judicial practice. Hope my superficial view can supply some references for the development of our environment commonweal lawsuit system.

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