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Study On Water Pollution Tort Civil Relief System

Posted on:2011-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2166330332474234Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economy and society, water pollution was growing seriously, accompanied by the improvement of the level of industrialization. The water pollution disputes and ecological damage phenomena are becoming serious social problems. As a special tort liability, plenty of water pollution disputes are difficult to enter the judiciary field. Ecological damage caused by water pollution also cannot be compensated. The present environment invasion laws have a lot of problems on water environmental pollution civil responsibility system that influences the settlement for cases, disadvantageous to protect the victim's rights and unable to adapt the need of new situation. Because of the water pollution tort liability theory and practice are not deeply yet, relevant legislation are not established, procedural rules should be more strengthened and so on. We should draw on the experience in the theory and practice of other advanced countries to find a more reasonable system to develop our water pollution tort civil relief system. The remedy of water pollution tort system can be divided in many ways, such as establish Environment Right, issue Water Environmental Tort Remedy Act, perfect responsibility of damage compensation, establish an comprehensive evaluation index system for water pollution accident loss, establish Social-oriented relief mechanisms, explore to establish system of Civil Litigation for Environmental Public Interest, perfect Procedural safeguards, establish special environment court to trail environment cases, regulate environmental judicial authentication, establish Environment Information publicity system and so on. The premise is to unify the legislation, other rules should be included in the legislation. And it is appropriate for the legislation on compensation for water environmental damages in our country to adopt the legislative mode the integrative entity of procedural law and substantive law and of administrative and judicial management.
Keywords/Search Tags:Environmental rights, Water pollution tort, Environmental compensation for damage, Environmental Court, Environmental judicial, authentication, Civil Litigation for Environmental Public Interest, Social relief mechanisms, Information publicity system
PDF Full Text Request
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