On the commonality of environmental civil public interest litigation and private interest litigation: From the perspective of relevant judicial interpretations of the Supreme People's Court
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D925.1

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    Abstract:

    Environmental tort cases show the complex characteristics of public and private interests intertwined. In this case filing environmental civil public litigation and private interest litigation at the same time will be inevitable, and to clarify the relationship between the two of them is very necessary. There is commonality in claims, facts, evidence, etc., between environmental civil public interest litigation and private interest litigation. This commonality can play an important procedural function in avoiding conflicts in judgments, improving litigation efficiency, and achieving a balance between offense and defense. China's current judicial interpretations have defects in the commonality between environmental civil public litigation and private interest litigation. To realize the connection between the system of environmental civil public interest litigation and private interest litigation, it is necessary to repair this defect in the future amendment and perfection.

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吴如巧,雷嘉,郭成.论环境民事公益诉讼与私益诉讼的共通性——以最高人民法院相关司法解释为视角的分析[J].重庆大学学报社会科学版,2019,25(5):167~178

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History
  • Received:
  • Revised:November 25,2018
  • Adopted:
  • Online: July 09,2019
  • Published: