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The Analysis of Litigation Object of the Environmental Public Interest Litigation under the New Normal State of China’s Economy

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (26), pp.1-22
  • DOI : 10.31839/ibt.2019.07.26.1
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : June 19, 2019
  • Accepted : July 10, 2019
  • Published : July 31, 2019

HUANG, XISHENG 1 He Jiang 2

1
2Dalian University of Technology, China

Accredited

ABSTRACT

Because of the absence of the research on the litigation object of the Environmental Public Interest Litigation, the scope and the mode selection of Environmental Public Interest Litigation are unclear. The analysis of the connotation of “Environmental Public Interest” is indivisible from the critical inheritance of the concept of “Public Interest”. The national interest in a broad sense is equal to the sum of the national interest, social interest and private interest in a narrow sense, among them, the national interest in the narrow sense and the social public interest have differences and connections. In the interpretative theory perspective, the Environmental Public Interest should be considered as Binary Boundary Division of Environmental Entity Public Interest and Environmental System Public Interest, the former aims to restore the damaged ecological environment at the entity level and constitute the core purpose of Environmental Civil Public Interest Litigation; the latter aims to relieve the impact of environmental infringement behavior on environmental order and constitute the basic purpose of Environmental Administrative Public Interest Litigation. The interpretation of the abstract “Environmental Public Interest” in virtue of the distinction between Environmental Entity Public Interest and Environmental System Public Interest is the theoretical premise to solve the scope and the mode selection of Environmental Public Interest Litigation.

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