Dissertation > Excellent graduate degree dissertation topics show

On the Plaintiff Qualification of Environmental Public Interest Litigation

Author: LiBaoHai
Tutor: QinPeng
School: Chongqing University
Course: Environment and Resources Protection Law
Keywords: plaintiff qualification environmental public litigation traditional law people-oriented
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 176
Quote: 0
Read: Download Dissertation

Abstract


Traditionally, the plaintiff qualification requires that the plaintiff must have independent and exclusive relation with the subject of litigation, especially in P. R. China because the design of action framework is deeply impacted by the traditional law which is different with the spirit of modern constitutionality. The particularity of environmental issues and environmental public interest prosecution needs us changing the restriction of plaintiff qualification and establishing environmental public interest litigation institution. Expanding plaintiff qualification in environmental public interest litigation has profound theoretical basis which reflects the people-oriented value. Common law countries, they believe that rights and remedies are inalienable, as long as the rights are prejudiced, we must start the relief program. Civil law countries, the objective lawsuit system in the plaintiff qualification is very relaxed, as long as its present statutes requirements to meet the environmental needs of the times, the environmental problems can be resolved better through legal channels. Although many of the important countries of two legal systems in the different title, they have set up the environment (Administration) public interest litigation system, which in institutional development and judicial practice are walking in the forefront of the times. China’s current legislation on the qualifications of the plaintiff’s excessively strict, which is not conducive to public interest litigation filed. Therefore, the existing legal system in China should learn from two legal systems on the basis of the excellent critical results, scientific design plaintiff qualified type reasonable. Expanding plaintiff qualification’s type of environmental public interest litigation is to extend social protection of public environmental interests. Appealing for the public interest is a noble thing, the country’s legal system should support a variety kind of people as public interest litigation’s plaintiff. In order to safeguard the public interest, the state should encourage more people to appeal for public interest. Therefore, the type of public interest litigation’s plaintiff should be charged widely. The personal, the social groups (organizations), the environmental administrative authorities, the procuratorial organs can play a plaintiff in the public interest litigation.

Related Dissertations

  1. Multi-dimensional harmony under the guidance of one yuan,D61
  2. A Study of TV Civilians Programme’s Narration in China,G222
  3. People-oriented Thought to Strengthen and Improve College Students’ Ideological and Political Education,G641
  4. Enterprise Technology Innovation Talents philosophical reflection,F272
  5. The Puzzles and Lead Way Research of the Religious Belief of College Students,G641
  6. On the practice standards of the times,D61
  7. People-oriented market economy under the conditions of the guiding role of moral construction,D648
  8. Confucian thought and its modern interpretation,D092
  9. People-oriented Concept of Social Development,D61
  10. The Study to the Plaintiff’s Qualification of Administrative Public Interest Litigation in China,D925.3
  11. Educational philosophy of \,G641
  12. The "people-oriented" Concept in Gansu Province Urbanization Construction under the New Research,F299.27
  13. The Research of the Johns Hopkins University Managed by Gilman,G640
  14. On China 's administrative protection of the right of appeal,D925.3
  15. Administration Lawsuit Plaintiff Qualification Principle and Practical Case Study,D925.3
  16. The Plaintiff Problem of Administractive Public Interest Lawsuit Research,D925.3
  17. The "People-oriented" Concept and Contents in Products Design,TB472
  18. Expo Cultural scenario \,TS941.2
  19. The Research on the People-oriented and Enhancing the Soft Power in Dalian,F299.27
  20. The Subjectivity Research about Nanyang Han Dynasty Stone of "Symbolic" Image and the Enlightenment of People-oriented Design Concept,K879.4
  21. The Research on the Theoretical and Practical Application of the Thought of the Harmony of Man with Nature to Modern Commercial Trade Show Design,J525.2

CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act
© 2012 www.DissertationTopic.Net  Mobile