环境公益诉讼制度研探
发布时间：2018-11-04 16:54
【摘要】： 环境公益诉讼制度是西方国家一项较为重要的环境法律制度,具有督促环境主管机关执法、督促企业等污染源自动守法,从而促进环境公益的功能。而目前环境问题在我国非常突出,严重影响了我国和谐社会的构建进程。本文通过探讨环境公益诉讼制度的基础理论,研究该制度在美国的具体实施情况,并参考了其他国家的相关制度设计,论证了该制度引进国内的必要性与可行性,并最终尝试构建符合我国国情的环境公益诉讼制度。 论文前言部分简单介绍了我国环境问题不断恶化的现状,以及公民对于环境利益的强烈诉求;进而分析到我国环境管理一直坚持以政府主管部门为主的一元制管理模式,其他社会力量缺少对环境问题进行管理的体制内渠道,从而导致环境问题愈发严重;并提出建立环境公益诉讼制度在我国具有重大意义。论文第一章对环境公益诉讼的基本理论问题进行了详细探讨。包括对公益、公益诉讼、环境、环境纠纷、环境权、环境公益诉讼等概念及其特征进行了分析与界定,通过层层推演得出结论,环境公益诉讼制度是指公民、企事业单位、特定的国家机关、社会团体等为了维护环境公共利益,依法对侵犯环境公共利益或有侵犯环境公共利益可能的违法行为,向法院起诉,由法院追究环境违法主体法律责任的法律制度。论文第二章考察了环境公益诉讼在国外的立法、司法实践。尤其对环境公益诉讼的典型代表——美国联邦的公民诉讼制度,全方位地考察了其立法史及包括原告、被告、管辖、事物管辖权、事先告知义务、政府勤勉诉讼禁止公民诉讼、诉讼参加制度、判决类型、和解及诉讼费用等在内的制度主要内容,此外还简要介绍了美国州公民诉讼的大致情况及日本、英国和法国的环境公益诉讼制度,为在我国建立该制度提供了参考作用。论文第三章分析了我国建立环境公益诉讼制度的必要性和可能性,并提出建立环境公益诉讼制度是保护环境利益、构建和谐社会、提高公民素质的必然要求,而在我国建立环境公益诉讼制度有良好的法律基础、公众基础及实践基础。论文第四章是对构建我国环境公益诉讼制度的设想,包括了对我国环境公益诉讼制度的立法路径的探讨以及构建具体制度的设想。通过分析,认为我国建立环境公益诉讼制度应当采取直接立法的方式,具体方法为在我国《宪法》中加入环境权的条款,同时在《环境保护法》中加入环境公益诉讼的条款;而对具体制度的构建则从原告、受案范围、管辖、限制因素、判决类型、诉讼费用、诉讼和解几个方面进行了设计。论文结语部分表达了笔者的写作目的及对我国建立环境公益诉讼制度的企盼。
[Abstract]:Environmental public interest litigation system is a relatively important environmental law system in western countries. It has the function of urging environmental authorities to enforce the law, urging enterprises and other pollution sources to abide by the law automatically, thus promoting environmental public welfare. At present, the environmental problem is very prominent in our country, which seriously affects the construction process of our harmonious society. This paper discusses the basic theory of the environmental public interest litigation system, studies the concrete implementation of the system in the United States, and discusses the necessity and feasibility of introducing the system in the United States, referring to the relevant system designs of other countries. Finally, it tries to construct the environmental public interest litigation system in accordance with the national conditions of our country. The preface of this paper briefly introduces the current situation of environmental problems in China and the citizens' strong demands for environmental interests. Then it is analyzed that the environmental management in our country has always adhered to the monolithic management mode with the government departments in charge, and other social forces lack the system internal channels to manage the environmental problems, which leads to the environmental problems becoming more serious. It is of great significance to establish the system of environmental public interest litigation in our country. The first chapter discusses the basic theory of environmental public interest litigation in detail. Including the public interest, public interest litigation, environmental disputes, environmental rights, environmental public interest litigation and other concepts and their characteristics are analyzed and defined, through layers of deduction to draw a conclusion, environmental public interest litigation system refers to citizens, enterprises and institutions, In order to safeguard the public interests of the environment, certain state organs, social organizations, and so on, shall, according to law, prosecute to the court any illegal act that violates the environmental public interest or may infringe on the environmental public interest. The legal system in which the courts investigate the legal liability of the subject of environmental violations. The second chapter examines the legislation and judicial practice of environmental public interest litigation in foreign countries. In particular, the typical representative of environmental public interest litigation, the civil litigation system of the United States of America, examines its legislative history and includes plaintiffs, defendants, jurisdiction, jurisdiction over matters, the obligation to inform in advance, and the government's diligent litigation against citizens. The main contents of the litigation participation system, the type of judgment, the settlement and the costs of litigation, etc. In addition, the general situation of American citizens' litigation and the environmental public interest litigation system of Japan, Britain and France are briefly introduced. It provides a reference for the establishment of this system in our country. The third chapter analyzes the necessity and possibility of establishing the environmental public interest litigation system in China, and points out that establishing the environmental public interest litigation system is the inevitable requirement to protect the environmental interests, build a harmonious society and improve the quality of the citizens. The establishment of environmental public interest litigation system in China has a good legal basis, public basis and practical basis. The fourth chapter is the construction of environmental public interest litigation system in China, including the discussion of the legislative path of environmental public interest litigation system and the construction of specific system. Through the analysis, the author thinks that our country should adopt the way of direct legislation to establish the system of environmental public interest litigation, the concrete method is to add the clause of the environmental right in the Constitution of our country, at the same time to add the clause of the environmental public interest lawsuit in the "Environmental Protection Law"; The construction of the specific system is designed from the plaintiff, the scope of the case, jurisdiction, limiting factors, the type of judgment, litigation costs, litigation settlement. The last part of the thesis expresses the author's purpose of writing and the expectation of establishing the system of environmental public interest litigation in China.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D925;D922.68
本文编号：2310519
[Abstract]:Environmental public interest litigation system is a relatively important environmental law system in western countries. It has the function of urging environmental authorities to enforce the law, urging enterprises and other pollution sources to abide by the law automatically, thus promoting environmental public welfare. At present, the environmental problem is very prominent in our country, which seriously affects the construction process of our harmonious society. This paper discusses the basic theory of the environmental public interest litigation system, studies the concrete implementation of the system in the United States, and discusses the necessity and feasibility of introducing the system in the United States, referring to the relevant system designs of other countries. Finally, it tries to construct the environmental public interest litigation system in accordance with the national conditions of our country. The preface of this paper briefly introduces the current situation of environmental problems in China and the citizens' strong demands for environmental interests. Then it is analyzed that the environmental management in our country has always adhered to the monolithic management mode with the government departments in charge, and other social forces lack the system internal channels to manage the environmental problems, which leads to the environmental problems becoming more serious. It is of great significance to establish the system of environmental public interest litigation in our country. The first chapter discusses the basic theory of environmental public interest litigation in detail. Including the public interest, public interest litigation, environmental disputes, environmental rights, environmental public interest litigation and other concepts and their characteristics are analyzed and defined, through layers of deduction to draw a conclusion, environmental public interest litigation system refers to citizens, enterprises and institutions, In order to safeguard the public interests of the environment, certain state organs, social organizations, and so on, shall, according to law, prosecute to the court any illegal act that violates the environmental public interest or may infringe on the environmental public interest. The legal system in which the courts investigate the legal liability of the subject of environmental violations. The second chapter examines the legislation and judicial practice of environmental public interest litigation in foreign countries. In particular, the typical representative of environmental public interest litigation, the civil litigation system of the United States of America, examines its legislative history and includes plaintiffs, defendants, jurisdiction, jurisdiction over matters, the obligation to inform in advance, and the government's diligent litigation against citizens. The main contents of the litigation participation system, the type of judgment, the settlement and the costs of litigation, etc. In addition, the general situation of American citizens' litigation and the environmental public interest litigation system of Japan, Britain and France are briefly introduced. It provides a reference for the establishment of this system in our country. The third chapter analyzes the necessity and possibility of establishing the environmental public interest litigation system in China, and points out that establishing the environmental public interest litigation system is the inevitable requirement to protect the environmental interests, build a harmonious society and improve the quality of the citizens. The establishment of environmental public interest litigation system in China has a good legal basis, public basis and practical basis. The fourth chapter is the construction of environmental public interest litigation system in China, including the discussion of the legislative path of environmental public interest litigation system and the construction of specific system. Through the analysis, the author thinks that our country should adopt the way of direct legislation to establish the system of environmental public interest litigation, the concrete method is to add the clause of the environmental right in the Constitution of our country, at the same time to add the clause of the environmental public interest lawsuit in the "Environmental Protection Law"; The construction of the specific system is designed from the plaintiff, the scope of the case, jurisdiction, limiting factors, the type of judgment, litigation costs, litigation settlement. The last part of the thesis expresses the author's purpose of writing and the expectation of establishing the system of environmental public interest litigation in China.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D925;D922.68
【引证文献】
相关期刊论文 前1条
1 何国萍;;论中国环境公益诉讼制度的构建[J];社科纵横;2013年03期
相关硕士学位论文 前2条
1 周先行;海洋环境污染公益诉讼制度研究[D];中国海洋大学;2011年
2 郭克法;生态损害的诉讼救济初探[D];中国政法大学;2010年
，本文编号：2310519
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