Studyon the orientation of environmental civil public interest litigation procedure and the choice of its legislation mode
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D925;18

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    Abstract:

    The positioning of environmental civil public interest litigation procedure is the logical starting point of the study on the concrete issues of environmental civil public interest litigation.Environmental civil public interest litigation which is relying on the traditional civil litigation process has lost its own unique personality.The procedure should be set to match the type of dispute.The particularity of the legislative purpose and protected object of environmental civil public interest litigation objectively determines that it is more appropriate to establish a relatively independent environmental civil public interest litigation special procedure with the same value and rule.Environmental civil public interest litigation is essentially a category of civil litigation.Environmental civil public interest litigation special procedure is a member of the civil proceedings group.It is necessary to adopt a step-by-step approach in the legislation of environmental civil public interest litigation special procedure.In the near future,it could adopt a legislative model which is built into the current civil procedure law with the special rules being stipulated in the Civil Procedure Law.When it has a better content of the legislation system and the legislative time is ripe,a special procedure law can be formulated separately.

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甘力,张旭东.环境民事公益诉讼程序定位及立法模式选择研究[J].重庆大学学报社会科学版,2018,24(4):145~155

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History
  • Received:June 06,2018
  • Revised:June 06,2018
  • Adopted:
  • Online: June 08,2018
  • Published: