As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by va...As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called "legal" saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.展开更多
In China,establishing institution of environmental administrative public interest litigation is necessary and of great importance.It is not only necessary for supervising law-based administration of administrative sub...In China,establishing institution of environmental administrative public interest litigation is necessary and of great importance.It is not only necessary for supervising law-based administration of administrative subjects,but also for preserving the ecological environment well,as well as being integrated with the international community.The key to establish China’s institution of environmental administrative public interest litigation to broaden the scope of accepting cases,extend the plaintiff qualification,and establish the prepositive procedure institution inevitable for administrative reconsideration,the compulsory lawyer agency institution,as well as the successful plaintiff incentive institution,and so on.展开更多
文摘As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called "legal" saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.
基金supported by the program of Fundamental Research Funds of Northwest A&F University-Periodical results of research on the institutionalization of rural deliberative democracy(20150KC032)
文摘In China,establishing institution of environmental administrative public interest litigation is necessary and of great importance.It is not only necessary for supervising law-based administration of administrative subjects,but also for preserving the ecological environment well,as well as being integrated with the international community.The key to establish China’s institution of environmental administrative public interest litigation to broaden the scope of accepting cases,extend the plaintiff qualification,and establish the prepositive procedure institution inevitable for administrative reconsideration,the compulsory lawyer agency institution,as well as the successful plaintiff incentive institution,and so on.