Research on the Legal System of Environmental Public Interest Litigation from the Perspective of Sustainable Development
DOI: 10.23977/law.2023.020703 | Downloads: 80 | Views: 846
Author(s)
Rongkuan Yang 1, Qifeng Hou 2
Affiliation(s)
1 Beijing Kangda Law Firm, Beijing, 100022, China
2 Beijing Kangda (Shenzhen) Law Firm, Shenzhen, 518048, China
Corresponding Author
Rongkuan YangABSTRACT
In recent years, with the rapid development of economy, environmental problems have become increasingly serious. The environment we live in is a "public good" in the social field, and the disadvantages of "market failure", especially external problems, are increasingly prominent in the sustainable development of the environment and the comprehensive development and utilization of resources. Environmental interests are different from ordinary personal interests. Because of the holistic characteristics of the environment, environmental infringement disputes often damage the overall environmental interests of the country and society. Therefore, environmental interests are a typical public interest. Therefore, the thinking of legal interpretation of procedural law is to determine the value choice, determine the interpretation space by literal interpretation, expand the interpretation of "direct interest" and "legal interest", and finally verify the rationality of the expanded interpretation by systematic interpretation, purpose interpretation and constitutional interpretation. Specifically, efforts are mainly made to ensure the filing and evidence collection of civil public interest lawsuits filed by environmental protection organizations, clarify the relationship between civil public interest lawsuits filed by environmental protection organizations and the ecological environment damage compensation system, improve the litigation willingness and ability of environmental protection organizations, and stimulate the participation enthusiasm of government and social forces, so as to effectively play the role of environmental protection organizations in filing civil public interest lawsuits.
KEYWORDS
Sustainable development; Environmental public interest litigation; Legal systemCITE THIS PAPER
Rongkuan Yang, Qifeng Hou, Research on the Legal System of Environmental Public Interest Litigation from the Perspective of Sustainable Development. Science of Law Journal (2023) Vol. 2: 15-20. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020703.
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