2009 Fiscal Year Final Research Report
Environmental suits in China : Observations on impediments to the relief of the pollution victims in the judicial processes
| Project/Area Number |
19730092
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
New fields of law
|
|---|
| Research Institution | Nagoya University |
|---|
Principal Investigator |
SAKURAI Jiro Nagoya University, 大学院・国際開発研究科, 助教 (40362222)
|
|---|
| Project Period (FY) |
2007 – 2009
|
| Keywords | 環境法 / 環境訴訟 / 中国 |
|---|
| Research Abstract |
It became clear with this research that, as to a Chinese environmental lawsuit, a claim for damages and a demand for injunction may be admitted even if the proof about the relationship of cause and effect remains in experiential presumption in a trial process. As this reason, it may be pointed out that a Chinese lawsuit has mediation character and the stability of local society is considered more important than the clarification of a cause for imputation. Besides, based on the present condition that serious pollution victims hesitate presenting a case to the court, the arguments in the Chinese academic journals about public interest litigation and the future view about institutionalization of it were discussed in a published paper.
|
