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Study On The Scope Of Compensation For Ecological Environment Damage

Posted on:2019-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:X H ChengFull Text:PDF
GTID:2371330545496705Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The environmental protection has been paid more and more attention in our country.Since the 18 Party Congress,the state has reached a new level of environmental protection.With the development and reform of environmental protection laws,the relief system of environmental infringement has been improved.However,the existing environmental tort protects property and personal rights and interests caused by environmental tort,and it is still difficult to seek relief for pure ecological environment damage.With the pilot reform of compensation for ecological environment damage carried out in seven provinces of the country in 2015,By 2018,the system had been piloted throughout the country.In the aspect of the compensation for ecological environment damage,China has already formed a set of system system.This paper discusses the scope of compensation for ecological environment damage and puts forward some suggestions on the legislation of the scope of compensation for ecological environment damage.The first part is the concept and characteristics of ecological environment damage.Through the introduction of the basic concept of ecological environment,the comparison between ecological environment damage and environmental tort,ecological compensation and environmental public interest litigation,the characteristics of ecological environment damage and the basic theory of ecological environment damage compensation are analyzed.In order to grasp the ecological environment damage this basic concept.The second part is the scope of compensation for ecological environmental damage in China.Through the analysis and summary of the scope of compensation for ecological environmental damage in China’s pilot provinces,the cost of ecological environmental damage prevention,litigation related costs,Monitoring the cost of these items are very useful for reference.The third part is the analysis of the existing system of ecological environmental damage compensation in China.Through the analysis of the relevant laws,judicial interpretation and technical norms concerning the scope of compensation for ecological environment damage in China,the problems and reasonableness are found.Combined with the system of compensation for ecological environmental damage,this paper discusses the standard,use,management and other procedures of the cost of compensation for ecological environmental damage.The 4th part refers to the scope of compensation for ecological environmental damage abroad.The theory of environmental rights and interests in the United States,the practice of establishing an ecological baseline system in the European Union,and the combination of pure ecological damage and environmental tort in Germany.Russia’s special price regulations and extensive environmental monitoring system for ecological environmental damage compensation are worthy of reference.The fifth part is our country ecological environment damage compensation norm operational analysis.Through the technical and operational analysis of the scope cost of each ecological environment damage compensation in our country,this part evaluates each ecological environment damage compensation cost from the angle of ecology and law.In order to enrich its content.The 6th part is the legislative suggestion on the scope of compensation for ecological environment damage.After perfecting the existing system of compensation for ecological environment damage,the author analyzes the scope of the increase in the costs of prevention,litigation and monitoring,etc.And through the establishment of special laws to establish the ecological environment damage compensation system.
Keywords/Search Tags:ecological environment damage compensation scope specification, investigation,appraisal evaluation cost, ecological environment damage repair, prevention cost
PDF Full Text Request
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