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On The Legalization And Improvement Of The Compensation System For Ecological And Environmental Damage

Posted on:2022-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:H MaFull Text:PDF
GTID:2491306764490324Subject:Administrative Law and Local Legal System
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The ecological environmental damage compensation system is an important system for building ecological civilization in China,and it is also an important measure for implementing environmental protection and ecological restoration.The relevant policy documents such as the Reform Plan and the Specific Opinions have played an important role in the pilot process of the national ecological and environmental damage compensation system,and their trial and error functions have provided flexible application space for local exploration and brought a lot of valuable experience.However,with the maturity and improvement of the compensation system for ecological environmental damage,the issue of compatibility with the overall environmental legal system may have become a more important contradiction,and some of the remaining problems and disputes in practice seem to be resolved with the legalization of the system.Therefore,the integration of this "new environmental policy" into the existing environmental legal system is an urgent task to be completed.To support this result,it is divided into four parts for analysis and explanation.The first part of the theory and the environmental and environmental poverty system combines and defines the creation and position of the system.The second part is guided by the situation that has emerged in the national pilot to find out the remaining problems in the current ecological and environmental damage compensation system,and to find the common cause behind these problems through a holistic perspective-the delay in the legalization process.The third part provides corresponding enlightenment for the legalization of China’s ecological environmental damage compensation system by drawing on the advanced Legal systems of the United States,the European Union and Japan.The fourth part provides specific countermeasures for the legalization and improvement of China’s ecological and environmental damage compensation system,and carries out in the three directions of"legalized reasons","legalized model selection" and "legalized specific development",and finds a more feasible path for legalization.As the compensation system for ecological and environmental damage tends to be stable and mature in continuous exploration,the lack of corresponding laws in the trial of such cases by courts has been gradually exposed.Therefore,the legalization of relevant policy documents on the compensation system for ecological and environmental damage is not only a way to resolve the conflict between it and the overall environmental legal system in reality,but also the only way to achieve the development of a country ruled by law.
Keywords/Search Tags:Compensation system for ecological and environmental damage, Environmental Policy and Environmental Law, Collaborative governance mechanisms, Source of rights basis
PDF Full Text Request
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