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Evironmental Public Interest of the Plaintiff of the Litigation

Author: ZhangXueXia
Tutor: YiLuoZhi
School: Hunan University
Course: Legal
Keywords: Public Interest Litigation Environmental Interest litigation Environmental Public Litigation
CLC: D925
Type: Master's thesis
Year: 2008
Downloads: 498
Quote: 7
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Abstract


Though it started late in China,present environmental law has been formulated to be a relatively adequate system after hard work in legislation for more than 20 years.However ,environmental pollution and ecological damage were aggravated seriously without effective controls .The formulated environmental statues could not be well enforced,which is one of main reasons to falling into the predicament .This situation has close relationship to the intrinsic defects within the environmental law enforcement system.Chinese environmental laws are mostly implemented by the authorities in environmental administration and execution,which lacks effective publicInvolvement.The public who are tightly interrelated with environment matters are actually eliminated from the environmental law enforcing subject.The public has many ways to participate in the enforcement of environmental law.They could do that by means of advocating environmental protection ,taking part in environmental influential assessment,bringing administrative complains to appropriate authority,suing to the court ,etc.In these means,the most important one by which the public enforce environmental laws should be the public’ right to sue for environmental matters .In democratic countries ,the public’ participation in the enforment of environmental laws through environmental suit has changed the "single-direction"form in environment administration of the government,and the "double-direction"pattern would more effectively promote the implement of enforcement of environmental laws is in fact the key part and the essential requirement is to achieve the well compliance with formulated statutes,In the circumstances,basing on our country situation and using the experience of other countries for reference,connecting the research methods of law and economics,comparative analysis and of environmental disputes which is going to set up soon so as to contribute for this.Writer chooses the topic based on reality of environmental protection in China .wants to make some helpful advices for establishing the system. It will be a landmark to environment law. litigation law and career of environmental protection .

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