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Research on the Environmental Civil Public Interests Lawsuit System

Author: HuangNa
Tutor: ZhangLiPing
School: Xiangtan University
Course: In-service law
Keywords: Environmental Rights Environmental Encroachment Environmental Public Interest Litigation
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 0
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Abstract


At this stage of serious environmental pollution in China , the traditional way to adopt administrative measures to protect the environment can no longer meet the relief needs of the people against environmental interests . Traditional civil action against the main qualifications is limited by \Many countries have established litigation involving public interest litigation mechanism . Environmental Public Interest Litigation system in China is still in the absence of legislation state judicial practice has been to the community , the Court opened the door of the Environmental Public Interest Litigation . The paper argues that in order to safeguard the interests of the public environment , the protection of the environmental rights of citizens , we have the necessary additions and amendments to the traditional litigation system , the establishment of the Environmental Public Interest Litigation legal system with Chinese characteristics . In this paper, our typical case for the introduction of the research background and significance . The text is divided into four parts , the first section describes the status quo of China 's Environmental Public Interest Litigation , explained mainly from the following four perspectives : environmental damage ' standards are not clear , social organizations environmental civil right to sue the lack of system protection the current representative action system can not meet the need to solve environmental public disputes , environmental interests of future generations to the lack of a system to protect . The second section explains the basis of the establishment of the Environmental Public Interest Litigation System , introduced in turn two levels from the basis of the theoretical basis and judicial practice . The third part of the article describes the civil litigation system in the United States , the British prosecutor litigation system , the the epistle jurisdiction system in India , the German group litigation system , prosecutor system in France and Japan, the selected party system , analyze and learn from their advanced experience . The fourth part of the article proposed the idea of the Perfection of Environmental Public Interest Litigation System : The first is the perfection of the legal system of civil procedure ; followed by the improvement of other public interest lawyers , public interest law clinics and the environment, civil public interest litigation fund guarantee mechanism .

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