A Special Environment Public Welfare Lawsuit:Natural Species Lawsuit
Yong Wu
Abstract
Yong Wu
Abstract
The discussions of natural right reflect inevitably in the impact in procedural law, namely whether to consider the natural species have the lawsuit qualifications according to the right as well as how to realize their right of suit and so on. This caused American, Japan's court to carry on some attempt which placed on trial. Although the natural species lawsuit theoretically also needs the breakthrough in the jurisprudence and the lawsuit legal science, and in reality also is at the exploration, it still has the vital significance in the environment public welfare protection. The essential frame of the natural species lawsuit includes: it is one kind of the public welfare lawsuit; It must keep balance between in enduing with the natural species lawsuit qualifications and preventing the malicious lawsuit; Its implementation mechanism is the procuratorial lawsuit.
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The discussions of natural right reflect inevitably in the impact in procedural law, namely whether to consider the natural species have the lawsuit qualifications according to the right as well as how to realize their right of suit and so on. This caused American, Japan's court to carry on some attempt which placed on trial. Although the natural species lawsuit theoretically also needs the breakthrough in the jurisprudence and the lawsuit legal science, and in reality also is at the exploration, it still has the vital significance in the environment public welfare protection. The essential frame of the natural species lawsuit includes: it is one kind of the public welfare lawsuit; It must keep balance between in enduing with the natural species lawsuit qualifications and preventing the malicious lawsuit; Its implementation mechanism is the procuratorial lawsuit.
Key concepts: Lawsuit, Jurisprudence, Law, Natural (archaeology), Political science, Business, Law and economics, Sociology