环境侵权诉讼适格原告之研究环境与资源保护法学专业论文.docxVIP

环境 环境侵权诉讼适格原告之研究 1 1 Abstract According to the current situation of environmental tort lawsuits in China, it is widely accepted that the administrative means is more effective than the judicial ones, since the former provides a wider range of protection and is much easier to access to. However, it doesn’t mean that we are willing to renounce the right to institute the legal proceedings. This thesis aims to analyze two types of can-be eligible plaintiffs in the environmental tort lawsuits. Firstly comes the directly interested party who possesses the most intuitive feelings toward the infringement act. If this group of people were entitled the right to file a suit, the goal of constructing a right-centered environmental litigation system, which will lead to the real protection, prospective and the intrinsic disadvantaged status of a plaintiff would be greatly improved. The second type of potential eligible plaintiff is the non-directly interested party. Building on the comparison of relative provisions and the legal basis between the Civil law and the Common law, it is possible to present a method of reasonably formulating the types of plaintiff in environmental tort lawsuits under some restrictive conditions. In the light of the status quo of the legislation concerning the environmental tort proceeding as well as the practical experiences, it is suggested that a multi-plaintiff mode, which is mainly represented by the individual citizen and the environmental organizations and supplemented by the People’s Procuratorate and the administrative organizations, is the most suitable one. Such a mode will guarantee the ultimate settlement of environmental issues and the final realization of damage compensation. Key words：Environmental tort litigation; The plaintiff qualification; Client system 环境 环境侵权诉讼适格原告之研究 1 1 目 录 引言????????????????????????????????1 一、环境侵权诉讼适格原告之法律基础?????????????????4 （一）环境侵权诉讼适格原告范围之争议及本文观点?????????4 （二）环境侵权诉讼原告适格的实体法保障????????????6 （三）环境侵权诉讼原告适