A Study of Citizen Suits in Environmental Law - Focus on the Judicial Practice of Taiwan

• Main Authors: Yu,Shu-Ting, 游淑婷
• Other Authors: 林玫君
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/h3tp95

碩士 === 國立彰化師範大學 === 公共事務與公民教育學系 === 104 === The purpose of this thesis is to study citizen suits in environmental law of Taiwan. Articles of citizen suits were introduced to Taiwan in 1999 and thereafter have been legislated successively in each environmental law. Therefore, the citizen suit system, which has been performed here for more than a decade, brings multiple patterns of environmental lawsuits. In recent years, there are winning cases of environmental citizen suits brought by people and civil associations: the case of Hukou Rubbish Transfer Station and the lawsuit against Meiliwan development proposal. And these make significant progress in citizen suit system in environmental law of Taiwan. The thesis was made to arrange environmental citizen suits in the judicial practice of Taiwan, to discuss how the practice confirms the standing of the suits, and to review the plaintiffs' positions and their lawsuit types. By practical cases, the author sorts out the present practice situation of the citizen suits in environmental law of Taiwan. According to the integrity of protecting people's right and sufficient legal remedies, the research goes into the gap between the real and the ideal, in hopes of proposing advice and references for a better system of citizen suits in environmental law.