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Formation and Breakthroughs Made in the Plaintiff Subject System of China's Environmental Civil Public Interest Litigation

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DOI: 10.23977/law.2022.010108 | Downloads: 4 | Views: 145

Author(s)

Junyan Wu 1, Wenjun Tang 2

Affiliation(s)

1 Law College, Chengdu University, Chengdu, Sichuan, 610106, China
2 Higher Research Institute (Shenzhen) of Unversity of Electronic Science and Technology, Shenzhen, Guangdong, 518110, China

Corresponding Author

Junyan Wu

ABSTRACT

As a result of the intervention of subjects of public rights, the subjects of China's environmental civil public interest litigation system have lost their equality, as evidenced by the "indirect" interest of suit relationship and the failure of the theory of interest of suit. According to the theories of abstract public right and objective litigation, the right of action is an objective and universal right, where the interests are not necessarily included in the content of the right of action. Hence, the right of action and the litigation right should be separate and independent of each other. Furthermore, the theory of appropriateness of parties in continuous improvement advocates the mode of action right in which substantive parties and formal parties coexist, thereby laying a theoretical foundation for the establishment of the plaintiff subject system of the environmental civil public interest litigation in China.

KEYWORDS

Environmental civil public interest litigation, Plaintiff subject, System formation, Theoretical basis

CITE THIS PAPER

Junyan Wu, Wenjun Tang, Formation and Breakthroughs Made in the Plaintiff Subject System of China's Environmental Civil Public Interest Litigation. Science of Law Journal (2022) Vol. 1: 45-50. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010108.

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