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
Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a s...Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode.Considering the background of the judicial responsibility system reform,the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community.It also helps promote judgment rules and the spirit of the law.Legal commentaries convey the important functions of public legal services to the public.It is necessary to integrate the Style of Civil Litigation Documents,the"one-stop"litigation service with the reform practice of judicial committees in China,and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents.By studying the guiding function of civil litigation document style for judicial behavior,litigation procedure,and entity processing,it is good for judges to broaden their ideas and methods to write civil litigation documents,enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system.Moreover,the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.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 Ministry of Justice’s 2017 Research Projects of National Rule of Law and Law Theory(Project No.2017SFB1006).
文摘Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode.Considering the background of the judicial responsibility system reform,the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community.It also helps promote judgment rules and the spirit of the law.Legal commentaries convey the important functions of public legal services to the public.It is necessary to integrate the Style of Civil Litigation Documents,the"one-stop"litigation service with the reform practice of judicial committees in China,and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents.By studying the guiding function of civil litigation document style for judicial behavior,litigation procedure,and entity processing,it is good for judges to broaden their ideas and methods to write civil litigation documents,enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system.Moreover,the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.
