环境公益诉讼立法问题研究-环境与资源保护法学专业论文.docxVIP

东北林业人学硕_J：学位论文 Abstract Traditional law theories are limited to the qualifications and to have a direct stake in the ．cases．On the enVironment and soCial welfare， citizen．are not considered to have direct stakes． then their qualifications aren’t recognized．T重lis， when the environment or social welf缸e is damaged，citizen can not protect social welfare througll legal叩proaches．The eme唱ence of enVironmental public interest litigation system， is not only the breakthrougll of the pafochialism in the protection 0f their private interests， but aIso the transcend of the traditional litigation legal system． Today’ the trend of community．based environmental entanglements is clear．How to solVe the enVironmental public entanglements，to provide strong guarantee jn protecCing the enVironment weIfare，has become a Challenge，whidl can not be avoided． Based on the clear definition of litigation in the environmental welfare，the actualitV of ljtigatjon of enVironmental welfare and the experience f幻m foreign in the same field，this paper logically analy痂s how to eliminate the impediment in the litigation of environmental welfare，and describes the possibility aIld the feasibility of the litigation of environmental welfare·Then it searches the approach：enVironmental public interest litigation legislation， which is to solVe the cntanglements jn the envjronment welfaure．T1le problem of enviro砌ent is ， worse，and forcing to legislate to protect the environment and insure the ef琵ctive implement of the laws·The litjgation of enVironment is the i王11portant embodiment which is the Changc of enVjronmentalright f如m theory t0 practice． The paper designed and conceiVed the model of the environment public welfare lawsuit legislation pattem and the conc叩tjon，put for、Vard some ligisIation suggests On settjng up our country enVironment public welfare lawsuit system，expanded the scope 0f the qualifications， gaVe citizens，social o唱anizations and environmental agencies to the rights of environmental public we