2012Journal of Hebei University of Science and Technology(Social Sciences)Requires access

Clarifying the Subject of the Environmental Public Interest Lawsuit System

Fan Zhang

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Abstract

In the judicial practice,the current environmental lawsuit system in China has many drawbacks since it can't adapt to the need of the current social development.As a result,the lawsuit,which is off the docket,comes up.The principle reason lies in the qualification limitation of the plaintiff.In consideration of the particularity of public lawsuit,as we define the qualification of the environmental lawsuit subject,an extended explanation of benefit-based relationships should be made to enlarge the scale of public lawsuit.Meanwhile,a clarification should be made on the main body of environmental lawsuit,especially the range of plaintiff.A margin system should be made to prevent and rectify the abuse of litigation.

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What this paper is about

In the judicial practice,the current environmental lawsuit system in China has many drawbacks since it can't adapt to the need of the current social development.As a result,the lawsuit,which is off the docket,comes up.The principle reason lies in the qualification limitation of the plaintiff.In consideration of the particularity of public lawsuit,as we define the qualification of the environmental lawsuit subject,an extended explanation of benefit-based relationships should be made to enlarge the scale of public lawsuit.Meanwhile,a clarification should be made on the main body of environmental lawsuit,especially the range of plaintiff.A margin system should be made to prevent and rectify the abuse of litigation.

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Available abstract

In the judicial practice,the current environmental lawsuit system in China has many drawbacks since it can't adapt to the need of the current social development.As a result,the lawsuit,which is off the docket,comes up.The principle reason lies in the qualification limitation of the plaintiff.In consideration of the particularity of public lawsuit,as we define the qualification of the environmental lawsuit subject,an extended explanation of benefit-based relationships should be made to enlarge the scale of public lawsuit.Meanwhile,a clarification should be made on the main body of environmental lawsuit,especially the range of plaintiff.A margin system should be made to prevent and rectify the abuse of litigation.

Key concepts: Lawsuit, Plaintiff, Law, Subject (documents), Public interest, Political science, Business, Computer science

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