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Legal Research On Mainbody Of Marine Ecological Damage Claims In China

Posted on:2009-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:F F LiuFull Text:PDF
GTID:2166360242974264Subject:Environment and Resources Protection Law
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The marine environment is one of environment for the survival of mankind and the development. As people natural ability to conquer the increase in the enjoyment of the various high-tech convenience, environmental pollution to the marine ecosystem and the survival of mankind has brought long-term and severe damage. Environmental pollution is the marine ecosystem pollution, the spread of a wide stay a long time, such as the difficulties in tackling the major features. Apart from natural causes, marine pollution and more emissions from human activities caused by the pollutants. With the rapid growth of population, industry, agriculture and the rapid development of the transport industry, a growing number of contaminated material. These pollutants into the atmosphere continuously all day long, land, rivers and seas, oceans have become the largest accumulation of pollutants warehouse. Once it enters the ocean pollutants, in addition to relying on the self-purification ability of marine itself, it is very difficult to transfer elsewhere.Pollution of the marine environment is becoming increasingly serious, is bound to lead to pollution of the marine environment damages disputes has been increasing. But in practice many of the disputes because no suitable compensation litigation main grid, or unable to prosecute, prosecution ineffective, or not prosecuted, unwilling to prosecute, so that the marine ecosystem pollution problem is not timely, effective Legal relief and protection. Therefore, the clear marine ecosystem pollution damages for the main plaintiff in the dispute are the key to solve the problem.The author first introduced the simple claim for damage to marine ecology and the concept of the domestic and international legislation, as well as China's current claim for damage to the marine ecology and analysis of the status quo, then analyzes the main problems - that the executive on behalf of the state claims that the current administrative mechanisms on the ecology claims constraints and problems. Second, the analysis of other countries and regions marine ecosystem damage claim the status quo, mainly on how other countries have tackled the main issues of claims. Again, marine ecological damage claims of the main theories on the civil public interest litigation system, the ecological civil claims in the scope of public interest litigation. Finally, the marine ecology in the executive branch claims litigation main issue of how to solve the main problems of specific litigation, and recommends the establishment of a better supervision and inspection mechanisms to ensure that the marine ecology litigation is carried out smoothly.
Keywords/Search Tags:Marine ecological damage, Main body of claims, Civil Public Interest Litigation, Ocean executive
PDF Full Text Request
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