律师代理环境维权的调研报告

发布时间：2018-03-14 09:46

本文选题：法律维权　切入点：地方保护主义　出处：《湖南大学》2013年硕士论文　论文类型：学位论文

【摘要】：随着中国经济的飞速发展,环境污染事件进入了高发期,因环境污染引起的纠纷也日益增多。但是,与现实形成反差的是,纠纷越多,因环境污染引起诉讼反而很少,而律师代理环境维权的案件则更少。这究竟是何原因?面对问题,我们在思索,律师代理环境维权的困境是什么,出路又在哪里。认清现状,是解决困境的基础。通过文本资料、问卷调查、专题研讨会等形式对律师代理环境的现状进行了调研。可知,中国环境污染现状不乐观,律师代理环境维权比率很低。而我国环境法治体系不健全、环境维权法律职业共同体缺失和维权律师工作机制不合理、环境公益诉讼制度的缺失、当事人地位失衡,是我国律师代理环境维权面临的四大困境。这四大困境的存在,是导致上述所说的环境纠纷多,诉讼反而少,律师代理环境维权则更少这一怪状出现的根本原因。认清现状,面对困境,寻找出路。在出路方面,我们可在这四个方面寻找律师环境维权的出路：律师应积极参与立法活动,促进我国环境法制体系的完善；律师应深谙环境维权策略,着力维护法律的正确实施；政府、企业的法律顾问应积极防范环境法律风险;不断提高环境维权律师自身素质,加强维权律师专业化队伍建设。在中国,律师代理环境维权还面临着环境法律和公益法律制度体系重构的问题。仅就环境公益诉讼而言,从新修订的《民事诉讼法》来看,我国公益诉讼法律制度还在起步之中,一项制度从生成,到接受,到发展,到成熟,非一朝一夕之事,由此预见,我国律师环境维权之路任重而道远。
[Abstract]:With the rapid development of China's economy, environmental pollution incidents have entered a period of high incidence, and disputes caused by environmental pollution are increasing day by day. However, in contrast to reality, the more disputes there are, the fewer lawsuits caused by environmental pollution. There are fewer cases in which lawyers represent environmental rights. What is the reason? In the face of the problem, we are thinking, what is the dilemma of lawyers acting for environmental rights, and where the way out. A clear understanding of the current situation is the basis for solving the dilemma. Through the investigation of the current situation of the lawyer's representative environment in the form of text materials, questionnaires, special seminars, etc., we can see that the current situation of environmental pollution in China is not optimistic. The legal system of environmental protection in our country is not perfect, the professional community of environmental rights protection is lacking, the working mechanism of protecting lawyers is unreasonable, the system of environmental public interest litigation is lacking, and the status of the parties is out of balance. The existence of these four dilemmas is the fundamental reason that leads to more environmental disputes mentioned above, but fewer litigation, and less environmental rights protection for lawyers. See the present situation clearly. In the face of difficulties, we can find a way out for lawyers' environmental protection in these four aspects: lawyers should actively participate in legislative activities to promote the improvement of our country's environmental legal system, lawyers should have a good understanding of environmental protection strategies, The legal advisers of the government and enterprises should actively guard against the environmental legal risks, constantly improve the quality of the environmental rights lawyers and strengthen the construction of the professional team of the lawyers. In China, lawyers acting on behalf of environmental rights also face the problem of restructuring the system of environmental laws and public welfare laws. Only in terms of environmental public interest litigation, from the newly revised Civil procedure Law, The legal system of public interest litigation in our country is still in its infancy, a system from generation, to acceptance, to development, to maturity, not overnight, thus foresee that the road of environmental rights protection for lawyers in our country is heavy and long.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.5

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