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A Study on Standing of Environmental Public Interest Litigation

Author: YeHu
Tutor: TianYiWen
School: Northwest University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Public welfare Environmental public interest litigation Qualified Plaintiff in Procuratorial organs
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 403
Quote: 4
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Abstract


With the rapid development of China's economic, social, environmental pollution, ecological damage, environmental rights and interests against citizens increasingly serious problem. Environmental public interest litigation is an effective way to solve environmental problems, to protect the interests of the state, society and the public has now been adopted by many countries in the world. Domestic public interest litigation filed by environmental pollution few and far between, the fundamental reason is that the current legal system in China is extremely limited, mainly on environmental public interest litigation in the plaintiff sued the eligibility requirements. Based on this, through proper environmental public interest litigation plaintiff's hope that's helpful to the construction of China's environmental public interest litigation system. Start from the concept of the public interest, public interest litigation, derived the concept of environmental public interest litigation, analysis of the characteristics of the environmental public interest litigation. Discusses the theoretical basis of the environmental public interest litigation: environmental rights theory, the theory of public trust, the people's sovereignty theory. Argument that the establishment of environmental public interest litigation system is conducive to resolving environmental problems, to achieve harmonious and sustainable development of man and nature, is conducive to make the executive administration according to law and the protection of environmental rights and interests of the masses of the people, is the inevitable requirement to implement the scientific concept of development. China's current litigation system requires the plaintiff must have a direct interest in the case. This principle is directly reflected in China's Civil Procedure Law and the Law of Administrative Procedure, the newly enacted Tort Liability Act will also be entitled to sue the plaintiff is limited to the infringer. These provisions has seriously hampered the development of China's environmental public interest litigation system to respond to environmental public interest litigation plaintiff qualified to carry out the necessary expansion. Solve the serious environmental problems and to fulfill our international legal obligations is the expansion of the practical requirements of environmental public interest litigation plaintiff qualification. Practitioners appeared a large number of environmental public interest litigation case, showing plaintiff diversification trend, these cases laid the practical foundation for the expansion of China's environmental public interest litigation plaintiff body. Procuratorial organs, the national government environmental management agencies, environmental groups and other public welfare social organizations and individual citizens should be allowed to bring environmental public interest litigation in environmental public interest litigation, plaintiffs type. Among them, the legal status of the prosecution in the environmental public interest litigation should be conditional plaintiff, procuratorial organs are not substantive rights and obligations of those who enjoy the environmental public interest litigation plaintiff qualification, but because of the nature of the terms of reference of the public welfare and national laws supervisory authority , and thus the plaintiff's position is also different from the traditional litigants, prosecution, litigation rights of action, evidence collection and other aspects is limited. Natural objects do not enjoy the environmental public interest litigation plaintiff qualification.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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