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我国环境民事公益诉讼制度建构论民事诉讼法硕士学位.doc

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我国环境民事公益诉讼制度建构论民事诉讼法硕士学位.doc

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我国环境民事公益诉讼制度建构论民事诉讼法硕士学位.doc

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我国环境民事公益诉讼制度建构论
摘 要
当前,环境保护在我国开展得十分广泛和迅速,公民的环境意识也逐渐提高,完善环境保护的法律机制,建立我国的环境民事公益诉讼制度势在必行。古罗马时期公益诉讼就已经存在,引起广try, citizen environmental consciousness also increase gradually, call the environmental protection mechanism consummate as soon as possible. The people are more and more pay attention to the public-spirited litigation of environment. Particularly in the domestic, It is that take place lots of concerning case about environmental public suit. All of them cause ardent discuss. But current law of our country have not relevant provision to resolve environmental problem, make some urgent environmental suit can not get solution, and it is also make the citizen and other social organize who support the environment, the behavior of the public benefits with no law basis, can't get the law's support with guarantee. Therefore, it is necessary to establish the environmental public-spirited litigation system in our country. This text is from the public-spirited litigation, although public-spirited litigation in ancient Rome have already existed in the period, cause the extensive concerned is in the 20th centuries. In pace with the free capitalism to the monopoly capitalism, then the socialism is on the upgrade, quick development of high technology, people's life society day by day, environmental pollution is appear increasingly. For uphold social and public benefits, environmental public suit emerge in large numbers. As the typical model of public litigation, the environmental procedural also have the characteristics of its oneself. How to make it more economic and efficiency to solution the environmental dispute, every country launches the beneficial quest, author will compare the community procedural in the United States, as to pick and choose foreign experience have a footing on state of our country, and consummate public litigation of our country.
This text besides preface have three part totally, below each part take in to generalize the introduction:
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