环境公益诉讼中的适格主体研究
发布时间：2019-01-03 16:29
【摘要】： 环境公益诉讼是指按环境法及其他法律、法规的规定,有原告起诉资格的非直接利害关系人,为维护环境公共利益对侵害环境公益的违法行为向法院提起诉讼的制度。环境公益诉讼的适格主体是进行环境公益诉讼的前提,没有适格的主体,环境公益诉讼就无从提起。但是由于传统诉讼法将提起诉讼的主体严格限制为与案件有直接利害关系的人和受到具体行政行为侵害的相对人,不可避免地束缚了环境公益诉讼的发展,无法应对日趋严重的环境违法行为。因此,必须对传统诉讼法进行突破,重新界定环境公益诉讼的适格主体范围。 本文首先探讨了公益诉讼和环境公益诉讼的基本理论,界定了环境公益诉讼的概念和特质,回顾了公益诉讼的发展和沿革,分析了环境公益诉讼的社会作用,进而指出环境公益诉讼原告资格的扩张有着充分的理论与现实依据。长期在诉讼法领域居于主导地位的“直接利害关系”原则认为只有自己的合法权益受到违法行为侵害的人才具有原告资格,这种理念忽视了公共利益的存在,关闭了对公共利益的救济之门。随着现代法治的发展,该原则越来越受到人们的质疑。随着社会现实的要求和诉讼法学理论的发展,当事人适格条件不断缓和,正当当事人有了很大的扩张空间。在这一趋势下,环境公益诉讼的原告范围也应不断扩大。 在此基础上,本文对环境公益诉讼适格原告的类型及其作用加以了界定,着重论述了非政府组织(NGO)在环境公益诉讼中的突出作用。本文通过研究和分析欧洲各主要国家环保团体参与环境公益诉讼的经验和制度,阐述了环保组织参与环境公益诉讼对构建社会主义法治社会的重要意义,并对我国环保组织参与环境公益诉讼的配套制度建设提出了切实可行的建议。 在论证环境公益诉讼适格原告的同时,本文也对环境公益诉讼中的适格被告进行了分析和阐释。尽管国内学界对环境公益诉讼适格被告的认识比较统一。但适格被告的范围仍有清晰界定和进一步扩大的必要。本文通过研究美国环境公益诉讼的被告范围,对我国相关领域的立法与司法实践提出建议。
[Abstract]:Environmental Public interest Litigation refers to the system of litigating to the court in order to protect the public interests of the environment against the illegal act of infringing on the environmental public interest, according to the environmental law and other laws and regulations, the non-direct interested parties who have the plaintiff's qualification to sue. The subject of environmental public interest litigation is the premise of environmental public interest litigation. However, the traditional procedural law restricts the subject of litigation to the person who has a direct interest in the case and the relative person who has been infringed by the specific administrative action, which inevitably restricts the development of the environmental public interest litigation. Unable to cope with growing environmental violations. Therefore, we must break through the traditional procedural law and redefine the scope of the subject of environmental public interest litigation. This paper first discusses the basic theories of public interest litigation and environmental public interest litigation, defines the concept and characteristics of environmental public interest litigation, reviews the development and evolution of public interest litigation, and analyzes the social role of environmental public interest litigation. Furthermore, it is pointed out that the expansion of plaintiff's qualification in environmental public interest litigation has sufficient theoretical and practical basis. The principle of "direct interest", which has been dominant in the field of procedural law for a long time, holds that only those whose legitimate rights and interests have been infringed by illegal acts have the plaintiff's qualification. This concept ignores the existence of the public interest. Closed the door to public interest relief. With the development of the modern rule of law, this principle is more and more questioned by people. With the demand of social reality and the development of the theory of procedural law, the suitable conditions of the parties have been relaxed, and the parties have a great space for expansion. In this trend, the scope of environmental public interest litigation should be expanded. On this basis, this paper defines the types and functions of qualified plaintiffs in environmental public interest litigation, and focuses on the prominent role of non-governmental organization (NGO) in environmental public interest litigation. Based on the research and analysis of the experience and system of environmental groups participating in environmental public interest litigation in major European countries, this paper expounds the significance of environmental protection organizations' participation in environmental public interest litigation to the construction of a socialist society ruled by law. Some practical suggestions are put forward for environmental protection organizations to participate in the construction of supporting system of environmental public interest litigation in our country. At the same time, this paper also analyzes and explains the suitably defendant in environmental public interest litigation. Although the domestic academic circles to the environmental public interest lawsuit suitably defendant's understanding is relatively unified. However, the scope of suitable defendant is still clearly defined and further expanded. By studying the scope of defendants in environmental public interest litigation in the United States, this paper puts forward some suggestions on legislation and judicial practice in related fields in China.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D925;D922.68
本文编号：2399615
[Abstract]:Environmental Public interest Litigation refers to the system of litigating to the court in order to protect the public interests of the environment against the illegal act of infringing on the environmental public interest, according to the environmental law and other laws and regulations, the non-direct interested parties who have the plaintiff's qualification to sue. The subject of environmental public interest litigation is the premise of environmental public interest litigation. However, the traditional procedural law restricts the subject of litigation to the person who has a direct interest in the case and the relative person who has been infringed by the specific administrative action, which inevitably restricts the development of the environmental public interest litigation. Unable to cope with growing environmental violations. Therefore, we must break through the traditional procedural law and redefine the scope of the subject of environmental public interest litigation. This paper first discusses the basic theories of public interest litigation and environmental public interest litigation, defines the concept and characteristics of environmental public interest litigation, reviews the development and evolution of public interest litigation, and analyzes the social role of environmental public interest litigation. Furthermore, it is pointed out that the expansion of plaintiff's qualification in environmental public interest litigation has sufficient theoretical and practical basis. The principle of "direct interest", which has been dominant in the field of procedural law for a long time, holds that only those whose legitimate rights and interests have been infringed by illegal acts have the plaintiff's qualification. This concept ignores the existence of the public interest. Closed the door to public interest relief. With the development of the modern rule of law, this principle is more and more questioned by people. With the demand of social reality and the development of the theory of procedural law, the suitable conditions of the parties have been relaxed, and the parties have a great space for expansion. In this trend, the scope of environmental public interest litigation should be expanded. On this basis, this paper defines the types and functions of qualified plaintiffs in environmental public interest litigation, and focuses on the prominent role of non-governmental organization (NGO) in environmental public interest litigation. Based on the research and analysis of the experience and system of environmental groups participating in environmental public interest litigation in major European countries, this paper expounds the significance of environmental protection organizations' participation in environmental public interest litigation to the construction of a socialist society ruled by law. Some practical suggestions are put forward for environmental protection organizations to participate in the construction of supporting system of environmental public interest litigation in our country. At the same time, this paper also analyzes and explains the suitably defendant in environmental public interest litigation. Although the domestic academic circles to the environmental public interest lawsuit suitably defendant's understanding is relatively unified. However, the scope of suitable defendant is still clearly defined and further expanded. By studying the scope of defendants in environmental public interest litigation in the United States, this paper puts forward some suggestions on legislation and judicial practice in related fields in China.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D925;D922.68
【引证文献】
相关硕士学位论文 前2条
1 王平;检察机关提起环境公益诉讼之探析[D];华南理工大学;2011年
2 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
，本文编号：2399615
本文链接：https://www.wllwen.com/falvlunwen/huanjingziyuanfa/2399615.html
