環(huán)保團體提起環(huán)境公益訴訟的主體資格
發(fā)布時間：2018-10-12 08:11
【摘要】：伴隨著快速的經濟發(fā)展而來的是日益突出的環(huán)境問題與糾紛,環(huán)境公益訴訟也因此成為熱點問題,其訴訟主體資格備受關注。我國立法和司法實踐中環(huán)境公益訴訟的原告可以概括為環(huán)保行政機關、檢察院和環(huán)保團體,三者相對比,環(huán)保團體在公益性、訴訟能力、群眾基礎等方面更有優(yōu)勢,能在現(xiàn)實中發(fā)揮不可忽視的作用。但是環(huán)境公益訴訟在我國的發(fā)展時間畢竟很短,環(huán)保團體的規(guī)模也不夠龐大,其在參與訴訟時難免受到各方面的限制,希望能在借鑒域外經驗的基礎上對我國環(huán)保團體提起環(huán)境公益訴訟時存在的問題進行改進。除引言和結語外,本文正文分五章進行論述。第一章主要界定了環(huán)境公益訴訟的理論,并對現(xiàn)在司法實踐中的幾種原告進行分析比對。正是基于環(huán)境公益訴訟如此特殊的性質和特征,才需擴展其原告,也正因為對原告進行了分析對比,環(huán)保團體提起環(huán)境公益訴訟才顯得尤為合適。第二章從環(huán)保團體的優(yōu)勢、立法依據、現(xiàn)實依據三個方面論述環(huán)保團體作為環(huán)境公益訴訟最優(yōu)原告的正當性。我國正在從立法上努力完善環(huán)境公益訴訟制度,確立環(huán)保團體作為環(huán)境公益訴訟的主體,并規(guī)定其訴訟資格。而環(huán)保團體在推動立法完善、促進政府職能實現(xiàn)等方面都發(fā)揮了很大的作用。第三章是本文比較重要的部分,論述了我國環(huán)保團體參與環(huán)境公益訴訟的司法實踐。首先筆者對環(huán)保團體作為訴訟主體和環(huán)保法庭的接收實例的數(shù)據進行分析,總結出環(huán)保團體參與環(huán)境公益訴訟的幾個現(xiàn)狀；再究其原因,從立法、政府和環(huán)保團體自身的角度分析其中存在的阻礙,表明我國環(huán)保團體參與環(huán)境公益訴訟的難度,以期得到解決。第四章選取兩大法系中最有代表性的國家,對其立法上針對環(huán)保團體的訴訟主體資格和資格認定方面進行研究,域外在環(huán)保團體主體資格認定方面和防止濫訴上對其資格進行限定的做法對我國存有啟發(fā)。第五章是本文最重要的部分。立足于上文對我國立法、司法實踐的現(xiàn)狀,以及訴訟障礙的分析基礎上,借鑒域外在環(huán)保團體訴訟主體資格的經驗,在立法、政府和環(huán)保團體自身三方面提出環(huán)保團體在環(huán)境公益訴訟中的發(fā)展建議。
[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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.1
本文編號：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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.1
【參考文獻】
相關期刊論文 前2條
1 孫佑海;;對修改后的《民事訴訟法》中公益訴訟制度的理解[J];法學雜志;2012年12期
2 鄒萍;;論印度環(huán)境公益訴訟的特點[J];商品與質量;2011年S5期
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