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Research On The Private Law Relief To Infringements Of Civil Environmental Rights

Posted on:2004-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y H DiFull Text:PDF
GTID:2156360125952815Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a kind of brand-new rights, civil environmental rights have characters of both public right and private right, and ought to be protected by both public law and private law. In the thesis, the author makes a general study on the basic theory of civil environmental rights, analyzing the concept, content and nature of the rights, and revealing the basic legal principle of the private law relief to infringements of civil environmental rights. The author also summarizes the theories, legal precedents and a series of legislation about the private law relief to infringements of civil environmental rights in different countries with focus on France, Germany, Japan and America. From these cases, we may use their successful experience for reference in terms of their advanced and scientific respects. On the basis of the mentioned above, the author discusses the system of the private law relief to infringements of civil environmental rights. By analyzing and studying the present research achievements, the author mainly explores how to carry out such two relief methods as damage and injunction, and how to solve their problems in practice. Finally, the author puts forward her own suggestions in eight aspects, hoping to do some good to improving the private law relief to infringements of civil environmental rights in our country.
Keywords/Search Tags:infringements of civil environmental rights, the private law relief, damage, injunction
PDF Full Text Request
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