"Tower Si Manhai " oily accident of tanker happening spill, cause resource of Bohai Sea fishery and zoology environment to suffer play havoc with. Tianjin city marine bureau ever mentioned a commonweal lawsuit. The graph is on June 24, 2004, after Tianjin is sessional, should judge requirement, the fisherman is revealed to the court save the crude oil that come down. Graph / CFP
New capital signs up for dispatch (reporter Jin Yu) a few days ago, discussing " environmental protection law " amendment draft the clause about environmental commonweal lawsuit, first establish commonweal suit system. 2 go over a manuscript or draft regulation, environmental protection federation (federation of the following abbreviation) the exclusive and legitimate principal part that is environmental commonweal lawsuit. Toharrison hot spring public pool this, the friend with the natural organization of civilian environmental protection that participating commonweal litigation is urgent issue open letter, think this clause has " retrogression " disrelish, appeal committee member considers cautiously " environmental protection law " draft relevant provision.
Natural friend expresses, commonweal lawsuit practice is at present original difficult and heavy, plan to limit accuser principal part now, eliminate organization of civilian environmental protection, will more go against the people to supervise an enterprise to pollute a phenomenon, go against environmental protection.
Lawyer Liu Xiang says, natural friend with respect to case of chromic broken bits of Yunnan music pacify, when the commonweal lawsuit that mention already was experienced two years. Contact with the enterprise ceaselessly during, let enterprise actively participate in processing, itself of commonweal contentious case produced very big effect with respect to amid, but if draft is final,come down certainly, natural friend will lose the qualification of commonweal lawsuit accuser. "Connected original intention to cannot be developed. "Connected original intention to cannot be developed..
Natural friendly field expresses, open letter has sent the open mailbox of National People's Congress of past whole nation.
■ examine minutely
Aux will be able to of how many 1 organizatiwatch case manufactureron has commonweal suit?
According to draft,
Chief expresses related federation of China environmental protection, the federation on the place and federation of China environmental protection do not have any subordinating relation, there are a few to cry on countrywide place at present " federation " official environmental protection orgnaization.
Our country mass organizations manages method to set, only official ability of mass organizations organization is used " federation " the name of model of written characters, and offree norton internet antivirusficial the orgnaization can be in place to register only like bureau of local environmental protection official mass organizations organization, also can choose other name. But the environmentalist that occupies familiar commonweal lawsuit expresses, so far, go up without the place almost " federation " once had done commonweal suit.
Does 2 lawsuit main body plan to be restricted is federation appropriate deny? spring pool
Natural friendly open letter says, draft 2 go over a manuscript or draft to give in the light of environmental protection federation alone accredit, disobeyed legislative abstraction, legislative general comfortable sex, " everybody is equal before law " wait for numerous law principle. This clause is returned with what had added commonweal lawsuit provision civilian accuse the law forms conflict (civilian demarcate telling a way is " the office that law sets and concerned organization " ) .
Yesterday, beijing manage is versed in university law courtyard teachs Xu Xin (Small gain)Express, award some organization to appeal to authority alone " franchise clause " , violated the everybody is equal principle before law really.
3 only can federation appeal to can influence is searched hire?
Yesterday, xu Xin puts forward, once the clause becomes true word, federation or be oppugned in great quantities. He saw federation of China environmental protection is right commonweal lawsuit efforts, but after worrying about its, meeting generation influence is searched hire.
Institute of law of company division courtyard teachs Chang Jiwen to think, legislation gives federation forestall the position, was equivalent to this organization having public right, but if was not supervised, may the best spring poolbring about influence corruption.
Nevertheless, the concerned controller of federation of China environmental protection expresses, lawsuit has a risk, "Either the money that donates with the family will do the work. Commonweal lawsuit is he draws out money to do suit, won the lawsuit one minute finallbrass faucety money not deal out federation, return so that assume the risk that lose a lawsuit. Return so that assume the risk that lose a lawsuit..
4 what effect can if is the clause carried out,you have?
The public and Ma Jun of director of environmental research center say: "The commonweal lawsuit certainly will henceforth can solve very few and very few environment problem only. ... problem of Chinese environment pollution is so serious, distributing so wide, environmental protection federation assumes this heavy responsibility hard. Environmental protection federation assumes this heavy responsibility hard..
Natural friendly field thinks, if make formal provision, the suit of commonweal of case of chromic broken bits that doing on the place at present will become civilian environmental protection organize commonweal suit " last words written before death " .
■ dialog
watch case"Exclusive and lawful " federation of China environmental protection:
We did not do work of behind the curtain
Because make the legal suit principal part that draft mentionsthe best selling north face shirts, eddy of public opinion of be involved in of federation of China environmental protection. Yesterday, chief expresses related federation, the clause allows their times feeling pressure related draft.
New capital signs up for: You what is experienced now?
Relevant controller: Intense viewpoint thinks we did the job to contend for influence in the behind the curtain, this is incorrect. Commonweal lawsuit is not what influence absolutely, it is a responsibility and obligation. watch casesWant to take out a large sum of pay, do investigation, suit, risk person risk even.
New capital signs up for: If really only federation can have commonweal suit, whether to have profit to you?
Relevant controller: I feel we and other environmental protection are organized is an entrenchment in.
Because the litigant cost of commonweal lawsuit is too high, difficulty is too great, particularly time-consuming. We the work of law case preparation of lane of a Wei madevancouver to harrison hot springs half an year, the put on record after sueing another paragraph of time, manage of evidence of quote, exchange, rehear is later, add first instance, 2 careful, clang clang went every time. Do you do 50 lawsuit to try at the same time? Even if do 5 suit at the same time, do you try?
Actually the most crucial now is illicit beneficial lawsuit, legal environment is early mature. But be being encroached because of environmental rights and interests really, obtain compensate successfully how many is there? A law case that our law helps hit 20 years, party is hit to 60 years old to had been not hit from 40 years old.
New capital signs up for: How to look is folk right now the opposition of this clause sound?
Relevant controller: My individual thinks commonweal lawsuit main body should have been jumped over more more all the time, open better more, factual the first line of a couplet on a scroll suits the purpose of the meeting is " jointly " . When we do commonweal suit, with local environmental protection the organization cooperates a lot of. If participate in litigant orgnaization little, our pressure also can increase, if the problem was not done, can be censured.
New capital signs up for: New " civilian tell a way " 3 law case that you refer after become effective had been not acceptethe most popular norton internet antivirusd. Had been after is environmental protection law revised, met?
Relevant controller: We include before this, often enter even litigant doorsill do not go, more a series of problems such as the quote after be not being carried, compensation. Be equal to the opportunity that says a running fire shows an issue to be done not modern dining chairshave.
If " environmental protection law " establish the word of main body qualification, reject a complaint of forensic at least our case, we can carry proper channel completely to ranking court allege.
"By refus door outside " natural friend:
The clause is affection harm to us
The organization of civilian environmental protection such as the friend with the will natural regulation with current draft eliminates to be besides lawsuit of environmental protection commonweal. Yesterday, should organize deputy total a secretary in charge of sth constant accepted theory or formulation,
New capital signs up for: You do commonweal suit, what is facing the greatest difficulty?
Often become: It is the construction of form a complete set of relevant system does not perfect commonweal lawsuit above all. The regulation of accuser qualification is punch-drunk all the time, this lets us from beginning to end frame-up character does not arrange the name. Additional explicit quote, appraisal, environment is damaged evaluate wait for a respect to also set without detailed rules.
New capital signs up for: Face these difficulty, do you still have very great enthusiasm to commonweal lawsuit?
Often become: Yes. Commonweal lawsuit meaning depends on, can let more citizens participate in come in, represent the increase of social community, find out an environment to violate act, make sure thorough is checked after all, do not suffer the interference of other force, and the arousal of the environmental consciousness that can raise citizen individual.
New capital signs up for: To present draft, do you still have enthusiasm?
Often become: It hit our enthusiasm, this is organized to a lot of environmental protection that prompt commonweal lawsuit for, it is an affection harm. Everybody is very disappointed, hope relevant committee member can oppose this provision through, perfect further.
New capital signs up for: Somebody thinks to stem from right " excessive appeals to " anxious, just made limitation to other organization.
Often become: I feel qualification and ability are two different matters. The qualification is the identity, it is problem of ground floor law.
Ability is another problem, I think, major organization, it is impossible to do not judge oneself life and death to live or die, press the mission of whole orgnaization in commonweal lawsuit on the issue with this very large risk. Next, this respect capability is not strong now, do not represent forever not strong. The purpose of commonweal lawsuit solves environmental problem namely to introduce more interest related side, should give everybody litigant chance just about, just can more social force are participated in come in, in each the help falls slowly powerful. Now is to take the branch for the root, hold tight is worn the thing of a minor details, ignored commonweal lawsuit most the action of core.
New capital signs up for: How do you see union of China environmental protection?
Often become: The view is overall be the front, they are the organizations of lawsuit of commonweal of the first active attempt breakthrough, their actively drove commonweal lawsuit institution build.
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