环境行政不作为诉讼立案主要法律问题研究环境与资源保护法学专业论文.docxVIP

环境 环境行政不作为诉讼立案主要法律问题研究 PAGE PAGE 3 4 4 Abstract Environmental litigation system is developing very fast, but without an independent and unified litigation system, the development of the environmental litigation is not an easy task. This article selects the angel of environmental administrative omission to analyze two basic issues in the case-filing of the environmental administrative omission ligation, in order to solve the problems of difficulties in case-filing and winning in reality. The study of case-filing in the environmental administrative omission litigation is founded on the scope of the environmental administrative omission litigation. This article make a preliminary elaboration on the concept of environmental administrative omission firstly, then analyze the environmental administrative omission litigation issue from four aspects: concept, substantive rights foundation, characteristics and significances, after this, the article makes a brief overview of main issues in the case-filing of the environmental administrative omission ligation, which lays the root for the following studies of the scope of accepting cases and the plaintiff qualification issues. Although case-filing in the environmental administrative omission litigation involves many issues, the keys of this article are the scope of accepting cases and the plaintiff qualification issues. This paper adopts comparative research method in the research of these two problems: this article state the corresponding areas of legal provisions in China and elaborate its defects , then compared with the theory and practice in the United States and Japan, so as to achieve the effect of complement in the scope of accepting cases and the plaintiff qualification issues in case-filing of the environmental administrative omission litigation. In the scope of accepting cases, the legislative model of our country is relatively backward, the range of rights under protection is relatively narrow, and some legal prov