2014Zhongguo sifa jiandingRequires access

A Study on Pre-trial Appraisal Mechanism in Public Interest Civil Litigation for Environment

Ding Bao-ton

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Abstract

With Article 55 of the new Civil Procedure Law, we are establishing the system of public interest civil litigation. The public interest civil litigation for environment is at its beginning stage. There are many procedural rules and legislation to be adopted. To carry out pre-trial appraisal mechanism in public interest civil litigation for environment is very important for its development. However, we must resolve three problems to improve the procedure for pre-trial appraisal: to make clear the institution to start up the pre-trial appraisal procedure; to regulate the procedure judging the qualification and evidentiary effect of pre-trial appraisal; and to set the rules on cost bearing of pre-trial appraisal.

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What this paper is about

With Article 55 of the new Civil Procedure Law, we are establishing the system of public interest civil litigation. The public interest civil litigation for environment is at its beginning stage. There are many procedural rules and legislation to be adopted. To carry out pre-trial appraisal mechanism in public interest civil litigation for environment is very important for its development. However, we must resolve three problems to improve the procedure for pre-trial appraisal: to make clear the institution to start up the pre-trial appraisal procedure; to regulate the procedure judging the qualification and evidentiary effect of pre-trial appraisal; and to set the rules on cost bearing of pre-trial appraisal.

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Available abstract

With Article 55 of the new Civil Procedure Law, we are establishing the system of public interest civil litigation. The public interest civil litigation for environment is at its beginning stage. There are many procedural rules and legislation to be adopted. To carry out pre-trial appraisal mechanism in public interest civil litigation for environment is very important for its development. However, we must resolve three problems to improve the procedure for pre-trial appraisal: to make clear the institution to start up the pre-trial appraisal procedure; to regulate the procedure judging the qualification and evidentiary effect of pre-trial appraisal; and to set the rules on cost bearing of pre-trial appraisal.

Key concepts: Civil procedure, Public interest, Legislation, Institution, Civil litigation, Law, Critical appraisal, Political science

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