| Summary: | 碩士 === 國立海洋大學 === 海洋法律研究所 === 91 === Abstract
Since 1980s, legal systems of environmental law in Taiwan have improved rapidly. Following the pubic participation in the environmental policy making enthusiastically in advance, the scholars have been endeavoring to put citizen suit in environmental law since 10 years ago. The citizen suit in Taiwan was a analogue of Clean Water Act of the United States of America. However, for the law and litigation systems in Taiwan are far different from that in America, the contents of citizen suit was amended a lot. This thesis mainly studies the practice of citizen suits in America, and takes that as references to the practicing of citizen suits here in Taiwan. The aim is the study of the citizen suit clause of Marine Pollution Control Act and the feasibility of it.
There are five chapters in this thesis. In chapter I, examples were made to illustrate the meaning and history of citizen suits. The author tries to elaborate the meaning of citizen suits in Taiwan in her own point of view. And an elaboration was made to the environmental protection problems and the development of Environmental Rights in Taiwan to build a background of this thesis.
In chapter II, illustrations were made to the citizen suit system in several different countries. And the practice of citizen suit was discussed in America four important relevant cases in recent 10 year.
In chapter III, studies was made to the function and practices of citizen suits in the administrative legal system here in Taiwan, including the studies to the Administrative Procedure Act, Administrative Litigation Act, Administrative Execution Act and so on.
In chapter IV, particularly, the relevant regulations, the documents needed to file a citizen suit, the litigation types and the court judgments of the citizen suits in environmental laws in Taiwan was discussed.
In chapter V, the focus was the Marine Pollution Control Act. Review was made to the present practice of the preventive measures to the ocean pollution and to the governmental administrative organs. And studies were made from the distinguished feature of ocean pollution, which feature is different from other kind of pollution, to find out the feasibility of the application of citizen suit to the ocean pollution.
In conclusion, the author take a overview to the whole thesis and present her own opinions about the Taiwan environmental law system and make some suggestions to the present practice and contents of relevant law of the citizen suit.
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