环保团体提起环境公益诉讼的主体资格
发布时间：2018-10-12 08:11
【摘要】：伴随着快速的经济发展而来的是日益突出的环境问题与纠纷,环境公益诉讼也因此成为热点问题,其诉讼主体资格备受关注。我国立法和司法实践中环境公益诉讼的原告可以概括为环保行政机关、检察院和环保团体,三者相对比,环保团体在公益性、诉讼能力、群众基础等方面更有优势,能在现实中发挥不可忽视的作用。但是环境公益诉讼在我国的发展时间毕竟很短,环保团体的规模也不够庞大,其在参与诉讼时难免受到各方面的限制,希望能在借鉴域外经验的基础上对我国环保团体提起环境公益诉讼时存在的问题进行改进。除引言和结语外,本文正文分五章进行论述。第一章主要界定了环境公益诉讼的理论,并对现在司法实践中的几种原告进行分析比对。正是基于环境公益诉讼如此特殊的性质和特征,才需扩展其原告,也正因为对原告进行了分析对比,环保团体提起环境公益诉讼才显得尤为合适。第二章从环保团体的优势、立法依据、现实依据三个方面论述环保团体作为环境公益诉讼最优原告的正当性。我国正在从立法上努力完善环境公益诉讼制度,确立环保团体作为环境公益诉讼的主体,并规定其诉讼资格。而环保团体在推动立法完善、促进政府职能实现等方面都发挥了很大的作用。第三章是本文比较重要的部分,论述了我国环保团体参与环境公益诉讼的司法实践。首先笔者对环保团体作为诉讼主体和环保法庭的接收实例的数据进行分析,总结出环保团体参与环境公益诉讼的几个现状；再究其原因,从立法、政府和环保团体自身的角度分析其中存在的阻碍,表明我国环保团体参与环境公益诉讼的难度,以期得到解决。第四章选取两大法系中最有代表性的国家,对其立法上针对环保团体的诉讼主体资格和资格认定方面进行研究,域外在环保团体主体资格认定方面和防止滥诉上对其资格进行限定的做法对我国存有启发。第五章是本文最重要的部分。立足于上文对我国立法、司法实践的现状,以及诉讼障碍的分析基础上,借鉴域外在环保团体诉讼主体资格的经验,在立法、政府和环保团体自身三方面提出环保团体在环境公益诉讼中的发展建议。
[Abstract]:With the rapid economic development, environmental issues and disputes are increasingly prominent, environmental public interest litigation has become a hot issue, and its subject qualification has been concerned. In the legislative and judicial practice of our country, the plaintiffs of environmental public interest litigation can be summarized as environmental protection administrative organs, procuratorates and environmental protection organizations. Compared with each other, environmental protection organizations have more advantages in public welfare, litigation ability, and mass base, etc. Can play a role that can not be ignored in reality. However, the development of environmental public interest litigation in China is after all very short, and the scale of environmental protection organizations is not large enough. It is hoped that the problems existing in the environmental public interest litigation of environmental protection organizations in China can be improved on the basis of the overseas experience. In addition to the introduction and conclusion, this text is divided into five chapters. The first chapter mainly defines the theory of environmental public interest litigation, and analyzes and compares several kinds of plaintiffs in judicial practice. It is precisely because of the special nature and characteristics of environmental public interest litigation that it is necessary to expand its plaintiff, and it is precisely because of the analysis and comparison of the plaintiff that it is particularly appropriate for environmental groups to file environmental public interest litigation. The second chapter discusses the legitimacy of environmental groups as the best plaintiff in environmental public interest litigation from three aspects: the advantages of environmental groups, legislative basis and realistic basis. Our country is trying to perfect the environmental public interest litigation system from the legislation, establish the environmental protection organization as the main body of the environmental public interest litigation, and stipulate its lawsuit qualification. Environmental groups have played a great role in improving legislation and promoting the realization of government functions. The third chapter is an important part of this paper, which discusses the judicial practice of environmental groups participating in environmental public interest litigation in China. First of all, the author analyzes the data of environmental groups as the subject of litigation and the receiving examples of environmental protection courts, sums up several current situations of environmental groups' participation in environmental public interest litigation, and then investigates the reasons, from the legislation, From the angle of the government and the environmental protection organizations, the obstacles are analyzed, which indicates that it is difficult for the environmental protection organizations to participate in the environmental public interest litigation in order to be solved. The fourth chapter selects the most representative countries in the two major legal systems to study the qualification and qualification of the litigation subject of the environmental protection group in its legislation. It is enlightening for our country to limit the qualification of environmental protection organizations in the aspect of qualification of environmental protection organizations and to prevent overappeal. The fifth chapter is the most important part of this paper. Based on the analysis of the legislation, judicial practice, and the obstacles to litigation in China above, and drawing lessons from the experience of the subject qualification of the environmental protection group litigation outside the country, in the legislation, The government and environmental groups themselves put forward the development suggestions of environmental groups in environmental public interest litigation.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2265409
[Abstract]:With the rapid economic development, environmental issues and disputes are increasingly prominent, environmental public interest litigation has become a hot issue, and its subject qualification has been concerned. In the legislative and judicial practice of our country, the plaintiffs of environmental public interest litigation can be summarized as environmental protection administrative organs, procuratorates and environmental protection organizations. Compared with each other, environmental protection organizations have more advantages in public welfare, litigation ability, and mass base, etc. Can play a role that can not be ignored in reality. However, the development of environmental public interest litigation in China is after all very short, and the scale of environmental protection organizations is not large enough. It is hoped that the problems existing in the environmental public interest litigation of environmental protection organizations in China can be improved on the basis of the overseas experience. In addition to the introduction and conclusion, this text is divided into five chapters. The first chapter mainly defines the theory of environmental public interest litigation, and analyzes and compares several kinds of plaintiffs in judicial practice. It is precisely because of the special nature and characteristics of environmental public interest litigation that it is necessary to expand its plaintiff, and it is precisely because of the analysis and comparison of the plaintiff that it is particularly appropriate for environmental groups to file environmental public interest litigation. The second chapter discusses the legitimacy of environmental groups as the best plaintiff in environmental public interest litigation from three aspects: the advantages of environmental groups, legislative basis and realistic basis. Our country is trying to perfect the environmental public interest litigation system from the legislation, establish the environmental protection organization as the main body of the environmental public interest litigation, and stipulate its lawsuit qualification. Environmental groups have played a great role in improving legislation and promoting the realization of government functions. The third chapter is an important part of this paper, which discusses the judicial practice of environmental groups participating in environmental public interest litigation in China. First of all, the author analyzes the data of environmental groups as the subject of litigation and the receiving examples of environmental protection courts, sums up several current situations of environmental groups' participation in environmental public interest litigation, and then investigates the reasons, from the legislation, From the angle of the government and the environmental protection organizations, the obstacles are analyzed, which indicates that it is difficult for the environmental protection organizations to participate in the environmental public interest litigation in order to be solved. The fourth chapter selects the most representative countries in the two major legal systems to study the qualification and qualification of the litigation subject of the environmental protection group in its legislation. It is enlightening for our country to limit the qualification of environmental protection organizations in the aspect of qualification of environmental protection organizations and to prevent overappeal. The fifth chapter is the most important part of this paper. Based on the analysis of the legislation, judicial practice, and the obstacles to litigation in China above, and drawing lessons from the experience of the subject qualification of the environmental protection group litigation outside the country, in the legislation, The government and environmental groups themselves put forward the development suggestions of environmental groups in environmental public interest litigation.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
【参考文献】
相关期刊论文 前2条
1 孙佑海;;对修改后的《民事诉讼法》中公益诉讼制度的理解[J];法学杂志;2012年12期
2 邹萍;;论印度环境公益诉讼的特点[J];商品与质量;2011年S5期
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