學(xué)士學(xué)位論文—-論環(huán)境公益訴訟的原告主體資格問(wèn)題外文翻譯

1、The plaintiff qualification of environmental public interest litigationEnvironmen tai problems have become widespread concern in twen ty-first Cen tury n ati onalproblem. People in many convenien ces to enjoy econo mic developme nt progress of scie nee and|tech no logy, do more, also bega n to refle

2、ct on and eve n questi oned the grace to pay the price.With the in creas in gly severe en viro nmen tal polluti on, many in dividual citize ns, social organization shave access to justice in order to solve the global problem, environmental public interest litigation and emerge as the times require.

3、As a new type of lawsuit, it breaks through the limitatio n of traditi onal lawsuit plai ntiff qualificati ons, plays a vital role in Protect environment, safeguarding the public interest, has been adopted by many countries in the world. The basic principle and the system based on the environmental

4、public interest litigation, some problems on the pla in tiff qualificati on of.Environmental public interest litigation refers to the illegal administrative authorities or other public authorities, companies, enterprises or other organizations and individuals or omission, the en viro nmen tal public

5、 in terest to suffer infringe upon or at risk, the law permits a citize n or group to protect the environmental public interest litigation to the court system. Some America,Britain, the coun tries have con firmed the environmen tal public in terest litigatio n system in legislatio n.Characteristics

6、of the environmen tal public in terest litigati onFirst of all, from the lawsuit purpose, en vir onmen tal public in terest litigati on for the pla in tiff to allow non in terested courts and cases, safeguard the in terests of the pla in tiff the foothold is not, but in promot ing public welfare, en

7、vironmen tal protect ion and public in terests, advocated to en viro nmen tal public in terests rather tha n the in terests of private en viro nmen t.Secondly, from the subject of litigation, environmental public interest litigationhas broken the limitation between the plaintiff and the case must ha

8、ve interest,starting from the protection of environmental public interest point of view, to any person or organization in the public environment facing the risk of harm or damage to the court to stop or restrain the damage to the right. Environmental public interest litigation expands the definition

9、 of traditional litigation system of the pla in tiff.Once again, from the function of litigation, environmental public interest litigation has obvious preve nti on function, both the recovery fun cti on. That the pla in tiff can be sued in the possibility of environmental public interest there is da

10、mage,request the court to order the defe ndant to stop related behavior, without the en vir onmen tai damage has occurred as prerequisite of lawsuit.Fin ally, look at the effect from the lawsuit, environmen tal public in terest litigati on in volvi ng the in terests of the relati on ship with the pu

11、blic and collective, spread widely, the court in this litigati on through the writ of prohibiti on or declaratory judgme nt tend to in flue nee and cha nge the public policy environment. This decision not only for the case of the people involved in the case have binding force, but also in flue nee a

12、nd guide to the gen eral public is not in volved in the case. The con cept of en vir onmen tal public litigati onThe plaintiff qualification of the environmental public interest litigation refers to the environmental damage or damage. When the environmental public interest legal, can start the judic

13、ial remedy procedure qualificati on. Different pla in tiff qualificati on and pla in tiff status, qualificati on of the pla in tiff from specific infrin geme nt has already made, the plai ntiff status is the legal status of pla in tiff qualificati on in people with proper court later duri ng the cou

14、rse of litigation have.To determ ine the sta ndard of environmen tal public in terest litigati on pla in tiff qualificati onPublic in terest litigati on pla in tiff should mainly con sists of environmen tal public in terest litigation purpose or aim of the establishment of environmental public inter

15、est litigation to decide, at the same time reference in terest of other factors .In esse nee, the proposed source of environmental public interest litigation in the environment, it is the characteristics of the environment determines that any of are source or a regional environmental damage, will su

16、ffer the en tirety of en vir onment destruct ion, any polluti on behavior, will be environmen tal public in terests pote ntial damage directly or in directly. Therefore, to determ ine the plai ntiff of environmen tal public interest litigation subject qualification of the environmental public intere

17、st must be achieved in order to en sure maximum as the sta ndard.Relaxation of environmental public litigation limit, so that all interested in environmental protection units and individuals have the qualification in the form of litigation in order to protect the environmental public interest. In or

18、der to achieve environmental public interest maximum as the standard to determine the plaintiff in environmental public interest litigation subject qualification, which requires in the judicial practice, must be free from restrictions on the plaintiff qualification of the existing procedure, to as m

19、any people as possible to attract public environment protecti on, to achieve environmen tai public welfare maximum in order to.The pla in tiff in environmen tal public in terest litigati on subject rangeA citizen, legal person, other organization. In response to the environmental pollution and the d

20、estruct ion of n atural resources of the acti on, have the capacity for civil rights and capacity for civil con duct citize ns, as long as he and pollut ing the en viro nment, n atural resources the destroyer has certain interests,whether this relation is actually already exist or may occur in the f

21、uture, as long as you can prove this interest, all have the right to bring a lawsuit. Gives every citizen the preve nti on and con trol of environmen tal polluti on and the destruct ion of n atural resources rights, can better preve nt hazards, protect the ecological environment we live together.The

22、 two is a public ben efit orga ni zati on of environmen tal protect ion. Chi nassocial organization registers bamboo regulations second article: as mentioned in this Regulation refers to the social group, composed of volun tary Chin ese citize ns, in order to achieve a com mon inten tio n of member,

23、 accord ing to the non profit social orga ni zati on in its articles of associati on activities. Therefore, the environmen tal protect ion com mon weal orga ni zati on gen eral sense can be defi ned as the establishme nt, by non gover nmen tal orga ni zati ons, in dividuals in accorda nee with law.A

24、nd to have their own in depe ndent regulati on, orga ni zati on, decisi on-mak ing procedures and independent sources of funding for non-profit organizations,public welfare activities mainly en gaged in en vir onmen tal protect ion associati on.ln dividual citize ns in environmen tal protecti on act

25、ion, ofte n in a weak positi on, in this case, the vigorous developme nt of civil society groups, en viro nmen tal orga ni zati ons, and the gover nment and the market to become the sec ond force,a nd because of its public welfare, professi on al, volun teer, democratic participati on, multiple ben

26、efit represe ntative, can more effectively to solve complex environmen tal problems. Litigious right is thus give n en vir onmen tal protect ion com mon weal orga ni zati on environmen tal public in terest, have a positive and practical sig ni fica nee.The three is the procuratorial orga ns. Always

27、the procuratorial orga ns are con sidered to be representative of the government, is the public interests maintenance. Some local officials in pursuit of the so-called achieveme nts, to the land of chaos chaos, destruct ion and waste en viro nment. Environmen tal admi nistrative actio n of the gover

28、 nment to make the admi nistrative relative pers on is very exte nsive, although the environmen tal public in terest litigati on system to solve the in dividual citize ns not because of direct in terest, may bring a lawsuit for public in terests, but the in dividual behavior of litigati on cost is t

29、oo high. Therefore, a nu mber of public ben efit and no bodys embarrassme nt. So the recovery of public prosecuti on system, prosecutio n by the representative countries has the right of public prosecution as a prosecutor, can be realized in public to bala nee public purpose. In the judicial practic

30、e, also has bee n prese nted by the procurator ate the case on behalf of the state owned assets filed public interest litigation cases.Other issues of environmen tal public in terest litigati on pla in tiff qualificati onThe animal and natural objects as the environmental public interest litigation

31、problemsWhether the give n ani mal and n ature with the pla in tiffs qualificati on, Chin ese scholars think: the animal and natural objects, they can be called as the main environmental right, too early but to become the pla in tiff of the environmen tal public in terest litigati on. But I think, f

32、rom the perspective of legal rights, not only has the rights of human beings, inanimate objects as the legal relati on ship betwee n parties is not un com mon, such as ship, compa ny, partn ership, their rights and obligati ons and not because he would not speak, do not express and reduced, widespre

33、ad corporate is further evidenee that does not shortcomings of its own expression ability will become an obstacle to the exercise of the rights,obligations. In the specific operation can adopt a flexible way, as specified in the court litigatio n guardia n, executi on, protect ion, defe nse lawyers

34、as a party.Future gen erati ons as the pla in tiff of environmen tal public in terest litigatio n problemsScholars have bee n raised, future gen erati ons should be the subjects of environmen tal rights, therefore have the right to file environmental public interest litigation, justice is the eterna

35、l pursuit of law, legal problems in en vir onment should also impleme nt the gist; legal justice is huma n and people between there sources and opportunities of equilibrium however, for the environment,resource system, this object because of the shared and non selective special properties such as fa

36、irness, it should not be confined to the reality of the existence of the people, should also take into con siderati on the in terests of future gen erati ons, so future gen erati ons can enjoy the environmental rights and interests.Ten the abuse of the right to con siderSome researchers worry about

37、the relaxati on of environmen tal public litigati on limit, reduce litigation threshold, will likely lead to litigation explosion, lawsuittide. Chinas harmony idea in grain ed, detesti ng lawsuit social psychology exist for a long time, hobbies, on the court is not the court of com mon people;a nd a

38、ction is n eeded to calculate the cost of econo mic activities, in addition to the case itself involved in litigation costs, legal fees, appraisal fees will also is not a small expenditure. The rational decision he will weigh the advantages and disadvantages for, will not be due to seek stimulati on

39、 or impulsive choice action.Therefore, in our country, litigation conditions relaxed does not necessarily cause litigation tide. But as a system desig n should make corresp onding resp on se. In this regard, reference USA citizen suit relating to prevent the abuse of litigation provisions, formulate

40、 corresponding measures to preve nt possible lawsuit tide.In short, in the treatment of environmental public litigation issues, we should not stick to the direct i nterest relati on theory, but also not free to expa nd the plai ntiff of environmen tal public interest litigation subject qualification

41、, do have a definite object in view. At the same time, to have obta ined the qualificati on of pla in tiffs party is n ecessary to preve nt the abuse of litigious right limit, or fails to exercise the right to appeal behaviors.Environmental public interest litigation subject theoryOn the environment

42、al public interest litigation subject theory, can be summarized as the followi ng three:The first theory is widely subject. The doctri ne that, any un it and in dividual can file environmental public interest litigation. It is based on the environmental protection law sixth article: all un its and i

43、n dividuals shall have the obligati on to Protect environment, and have the right to report and accuse to the units and individuals for pollution and damage to the environment. We think, the right of accusation can not right, but the right of complaint should be a right of appeal. In order to realiz

44、e the right of appeal, can with ones suit, the court asked the Supreme Peoples Court judicial interpretation, the nature of the right to appeal to the accused. If the nature of the right to appeal aga inst the clear, the n any un it and in dividual can be based on the provisi ons of the en vir onmen

45、 tal polluti on and damage sue.Second kinds of theories are related groups, says. According to this theory, and en viro nmen tal protecti on related social groups, non-gover nmen tal orga ni zati on s,departme nts and units in his own name to bring environmental public interest litigation. Friends o

46、f nature specializ ing in environmen tal protect ion work, can be used as a club to bring en viro nmen tal public in terest litigati on; Environmen tal Protectio n Bureau as a gover nment age ncy to file environmen talpublic interest litigation. But, has nothing to do with the environmentai protecti

47、on units,organizations can not mention environmentai public interest litigation.The doctrineexclusion of individuais can bring environmentai public interest litigation,one reason is if give a personal file environmental public interest litigation subject qualification will lead to abuse of litigatio

48、 n, and in crease the work inten sity of judges.The third theory called the public age ncy said. The doctri ne that only exerciser elated public power organ may file environmental public interest litigation, for example, marine management department may bring a civil public welfare lawsuit of pollut

49、ion damage to the marine environment; the agricultural sector may be filed public interest litigation on fishery pollution; procuratorial orga ns can be of any acts of destruct ion of the environment public in terest litigati on.The practice of environmen tal public in terest litigati onIn practice,

50、 in the home is considered the environmental public interest litigation cases can be divided into the following five categories:The first category is the environment public welfare lawsuit brought by non-governmental organizations. For example, in July 29, 2009, the financial network reported was pl

51、aced on file in the court of Qingzhen City of Guizhou province the first national environmental administrative public in terest litigati on, the China Environment Federati on to the ide ntity of the pla in tiff sued Guizhou Qingzhen city land resources bureau. The case was considered to be the envir

52、onment public welfare lawsuit filed a civil orga ni zati on.The second category is the environmental public interest litigation in the name of the administrative organ to. In April 12, 2008, Legal Daily to Guizhou Province,environmental public interest litigation judgments first officer were the peo

53、ple win reported that in 2007 the n ewly established Guiya ng City, Hunan and Hubei provi nces a Library Man ageme nt Bureau as the pla in tiff of the environmen tal public in terest litigati on, bring the polluti on damage to the en viro nment court lawsuit to Qin gzhe n City environmen tal protect

54、 ion requireme nts of court, PingbaCounty of Guizhou in a chemical limited stop pollution damage. In 2008 April,Qingzhen City Peoples Court of environmental protection in court, the defendant in a chemical industry company in Guizhou in the effective date of the judge ment to immediately stop using

55、tailings waste plant for environmental damage, which is composed of administrative public interest litigation case.The third category is the environment public welfare lawsuit filed by procuratorial organs. For example, in February 6, 2009, xin hua n Cha ngsha first with the procuratorial orga n as

56、pla in tiff public in terest litigatio n case reported the man ageme nt by the Wan gche ng County of Hunan Provi nee, the peoples Procurator ate the case, 49 villagers were obta ined in a ceme nt pla nt dust,vibration, noise pollution compensation, a total of 62538 yuan per year. In particular the c

57、ase is, the procuratorial orga ns is not for the society, also not for the coun try, only to the victims of the in terests of the villagers, as civil pla in tiffs filed public in terest litigati on.The fourth category is filed by the citizens environmental litigation. This kind of action is gen eral

58、ly based on pers onal in terests as the start ing point to achieve the purpose of public welfare, for example, a Hanyang con tractor Ma Chang song farms, the Mun icipal Water Affairs Bureau and the environmen tal protect ion age ncy fails to stop polluti on legal duty, on two admi nistrative organs

59、in administrative proceedings, request the court to judge the defendant perform their statutory duties, to take immediate and effective measures, to stop the discharge of toxic and harmful sewage factories and enterprises, as well as to the sewage treatment unit has responsibility to stop pollution behavior; the defendant pay because it is not as a result of lake pollution, to the plaintiff causing economic losses of 20000 yuan. The plaintiff in administrative