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The Research Of Law About The Relief For Victims Of Environmental Pollution

Posted on:2007-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:L GaoFull Text:PDF
GTID:2166360185455189Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The protection of the victim of environmental pollution is being given more and more attention with the problem of environmental disruption growing by the social public and is especially concerned by the schools of law. Because of the features' existence of environmental pollution such as the extensive influence in the social, long term of the pollution result, the conceal of injury in bodies etc, in environmental crimes, the criminals damaging other's health, possession and other's spiritual system through caring on the environmental pollution can not malice the victims recover to the normal situation just by the enforcement of the law, it is more major for the victims hunted by environmental pollution to save in economy recover to normal situation in life and health. When enact laws, the norms, pilot, education of the law and even the action to punish the pollution makers, should emphasize the law countermeasures of preventing environmental pollution and adjust the imbalance of the power between criminals and victims in the criminal procedure.In the environmental criminal accusation, victims are weaker than the criminals in the aspect of mastering techniques to prevent and control environmental pollution and in the fund. Meanwhile, the power of the victims is weak comparing with the establishment of the criminal power protecting that are being perfected day by day. The victims are undertaking the dual litigation role. And the obvious weakness of the victims' power, and the imbalance of the right of appeal, the veer of the status of the litigations, the power to prosecute which is absorbed and so on. At the same time, when victims hunted by environmental pollution use the law, they often meet the conflicts that environmental laws protect penalty and the bad situation of the choice of environmental civil affairs' encroachment. So this will force them to have a disadvantage in the process of being totally hunted, and resorting to laws. In the world, it is necessary to introduce and analyses the foreign criminal procedure law which is about the litigation status and powers of the victims, including the national legal provisions which are effective to the relief for the victims in the following countries: Britain, France, Japan and Korean. It is also necessary to point out the world tend of improving the litigation status of the victims and increasing the litigation power of the victims and the law protection for them, and to put the victims in a proper place.The main point in this article is to research the effective law ways for handling the relief of the victim who is suffering the criminal of environmental pollution and to perfect the law mechanism that will protect the victim hunted by the environmental pollution. In the law countermeasures that is about the relief of victim suffering the environmental pollution, it is necessary to make the following point: First, the law should actively protect the litigation tightsof victim and ensure their exercising rights according to the law, and give them the moderate suggestion rights which is about cutting penalty and some other rights such as the right of resort and the right of begging compensations. Secondly, the law relief which is about economic should emphasize the compensation of spirit damagement that is caused by the environmental pollution, and proper measures that the country will offer compensations for the criminal pollution, bring up the presumption that the country will give compensation for the victims. Finally, it is important to actively establish the help in law and the insurance system of help in social. According to the text, it should completely show the affect of law's leading, critic in the relief which prompt the law to protect victims, and make sense of law value of civil law and penalty law and protecting environ mention law to the purpose of protecting environment and citizen rights.
Keywords/Search Tags:The victims of environmental pollution, Criminal law of environmental, Relief, Shortage of rights, Law countermeasures
PDF Full Text Request
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