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Research On Issues Relating To Compensation For Natural Resource Damage In Our Country

Posted on:2011-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:H YuanFull Text:PDF
GTID:2120360332456885Subject:Law
Abstract/Summary:PDF Full Text Request
Natural resource damage happens constantly in the industrialization and modernization of the society. China's current system of civil responsibility of environmental torts mainly stipulates the responsibility of personal and property damage of direct victim caused by the environmental pollution, and the lack of the relief of the damaged natural resources. In view of this, the paper tries to combine the relevant statistical data, build the analysis of the feasibility and necessity of the system of natural resources compensating for damages of Chinese natural resources, put forward some ideas of the system of natural resources compensating for damages of Chinese natural resources from present cases., and hopefully, it serves as a modest spur to induce others to come forward with valuable contributions. The main body of this thesis is divided into 4 parts.Part-1 On the summary of natural resource damage and the new problems happen in the processing of it, we exposes connotation and extension of the concept of natural resource damage through the investigation of cases of the natural resource damage. We define natural resource damage as changes of the character, unreasonable loss of the value and recession of functions of the natural condition and physical features on which human survival and development are based, combined with the traits and properties of natural resources. Natural resource damage performs in two ways: environmental pollution and ecological destruction.Part-2 We make an analysis of the necessity of the construction of the system of the compensation for damages of natural resources. Firstly, characteristics and the reality of natural resource damage determine that the principle and scope of the system of the compensation for damages of natural resources have particularity. Secondly, Status quo of China's mechanism of compensation for damages of natural resources is elaborated. Existing natural resources and the legislation of environmental statutes pay attention to the protection of direct victim's personal and property rights and interests caused by environmental pollution, ignore the protection of damaged natural recourses, based on the traditional ideas of tort law. Again, shortcomings of ways in handling natural resource damage in Chinese existing law are exposed. Through the analysis of current system of civil liability of environmental torts and the practice in solving natural resources damage in administrative and judicial mode, we can not provide effective compensation in natural resource damage according to the existing legal system and management mechanism. Finally, it is exposed that we need to establish relevant security system and relief the possible damage to reality towards natural resources which serve as component of Social Public Interests from philosophy of law.Part-3 The analysis of feasibility in the construction of system of the compensation for damages of natural resources system is done. The natural resource damage is one constituent of the liability for special tort observed from theoretical basis, essentially a special kind of tort. Therefore, for natural resources, the victim country as the civil subject can demand that the natural person, juridical person and other organizations that harm the natural resources must shoulder civil responsibility, using the law to protect public interests. From the level of basic system, ways in the assumption of the civil responsibility of compensation for damages stipulated in General Rule of the Civil Law and Tort Liability Law help natural resources give full play to fill the role of damage relief. Our Constitution, The Marine Environmental Protection Law and the typical cases of justice provide the beneficial system and practical base for the construction of the system of compensation for damages of natural resources, and comparing and analyzing of relevant foreign system of compensation for damages of natural resources, learning its reasonable institutional arrangement, have inspired minds and provided reference for the construction of the system of compensation for damages of natural resources.Part-4 On the analysis and demonstration above, based on current legal system, learning the more mature legislation abroad, basic ideas of the construction of the system of compensation for damages of natural resources are put forward on the theoretical basis of debt of compensation for damages in special tort: Define the subject of the compensation for damages, clear the criterion of liability and excusatio, adhere to the principle of compensation for damages remove the injury and reinstate, punish malevolence, prevent warning, balance the loss and gain, limit the compensation for damages, define the scope of compensation for damages and make compensation more targeted and operable.
Keywords/Search Tags:Natural Resources, Compensation for Damages, System, Constructing
PDF Full Text Request
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