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The Public Interest Litigation Of Marine Environment Pollution

Posted on:2014-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2231330398452377Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy, industrialization of the country to speed up the process, environmental pollution incidents are endless. Increasing pollution of the marine environment in China, has been not properly resolved, an important reason why China’s marine environment pollution public interest litigation system is missing. Great harm to society as a whole environmental pollution is how to deal with the most pressing issues we need to seriously have to give serious consideration to.To solve this problem, a lot of experts believe that the need to adopt the advanced experience of foreign countries, the introduction of marine environmental public interest litigation. For example, the United States is the most developed countries of the environmental public interest litigation, they are the subject of litigation claims and claims process has a better implementation of standards, in addition to Germany, Japan and other countries in the environmental public interest litigation has its own set of system. Despite the establishment of marine environmental public interest litigation system in our country is growing, but there are still many obstacles. As soon as possible to establish a public interest litigation system in China, to contribute to the cause of our environment, this paper intends to study from abroad on the provisions of the Public Interest Litigation on the legal issues of public interest litigation system suitable for China’s national conditions. The following is a specific structure of this paper:Chapter Ⅰ Overview of the Marine environment, the concept of public interest litigation characteristics and theoretical basis.Chapter Ⅱ According to environment public interest litigation status quo and put forward China’s marine environmental public interest litigation related legal issues, paving the way for the analysis below.Chapter Ⅲ introduces foreign marine environmental public interest litigation status quo. I chose the better of the two countries in marine environmental public interest litigation system:common law and civil law in Japan. Found through the analysis of the two National Marine Environmental Public Interest Litigation System theory and practice, in line with China’s national conditions, can be used as a reference method.Chapter IV, Analysis the problem of Marine environmental public interest litigation in our country.This four-block analysis of system theory, the option of the plaintiff, v. range and remedies to solve the second chapter of the legal issues raised, and pave the way for the last chapter of the Construction of the marine environment public interest litigation system.The last Chapter specifically addressed to build China’s marine environmental public interest litigation system path selection, while noting that there may be issues related to build the system of.
Keywords/Search Tags:Marine Environments, Public Interest Litigation, PlaintiffQualification, Actionable Range
PDF Full Text Request
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