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STUDY ON THE DYNAMIC MECHANISM OF ENVIRONMENTAL PUBLIC INTEREST LITIGATION IN CHINA

机译:STUDY ON THE DYNAMIC MECHANISM OF ENVIRONMENTAL PUBLIC INTEREST LITIGATION IN CHINA

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摘要

Environmental public interest litigation in China has only external driving mechanism, but no internal driving system.In the civil public interest lawsuit attached to criminal dumping of solid waste, which is prosecuted by Jinghu district prosecutor's office in wuhu in anhui province, against li et al, the prosecution was offside. The existing power mechanism makes the function of public interest litigation dissim- ilated and structure collapsed,and the functions of procuratorial organs and judicial organs misaligned, which also makes the efficiency of environmental governance low. The internal dynamic mechanism has the value of correcting the deviation of litigation function, filling up the collapse of litigation structure and effectively making up the deficiency of environmental law enforcement. We should establish a system that provides excessive cost incentive, sets up public interest litigation fund, waives litigation fees and other aspects toform economic motivation, and also establish a prevention mechanism of abuse of litigation.

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