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The Civil Remedy For Citizens' Environmental Rights Tort

Posted on:2009-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GuanFull Text:PDF
GTID:2166360242996706Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After entering modern times, with the rapid development of society and economy, people's living environment has encountered unprecedented destruction. The increasingly serious pollution has turned into a great obstacle, which constraining social and economic developments, disturbing human's sustainable development. With such a background, citizens' environmental rights have been infringed repeatedly. The rclative accidents and remedies produced by pollution and ecological damage have already caused severely social problems. As a special civil tort, the infringement of citizen's environmental right is different from the traditional tort in aspects such as doctrine of liability fixation, constitutive requirements, causality recognition, burden of proof and limitation of actions. Meanwhile this particularity also decides its special remedy system. This thesis aimed to systematically analyze the institution of civil remedy when citizens' environmental rights are violated, and expected to make some effective suggestions to improve and perfect the law of environmental tort in China.The thesis included four parts.The first part mainly expounded citizens' environmental rights and civil remedy of environmental right infringement. The author firstly discussed the characteristics of citizens' environmental rights, and considered citizens' environmental right as a new right in modern society, which has dual nature of both public right and private right. Then the content of citizens' environmental rights was defined which included substantive rights and procedural rights. In procedure it appeared as decision-making authority of participation in national environmental management, in entity it was given the character of civil rights which appeared as a right of national environmental management and citizens' environmental private right. As a private right for public welfare, citizens' environmental rights mainly included three aspects: first is the right of environment resources utilization, second is the right to know the environment status, and third is the right to participate in environmental affairs. Finally, the part of thesis expatiated the legal basis of civil remedy when citizen's environmental right is violated, namely socialization of civil law.The second part studied the theoretical and practical civil remedy experiences in Japan, Germany, France, Britain, US and so on when citizens' environmental right is violated, provided us references and examples through systematically analyzing foreign rules and modus operated with the principles of doctrine of liability fixation, causality recognition, and civil remedy modes for environmental right infringement.The third part discussed present situation of civil remedy system in China for environmental right infringement from application of principles of doctrine of liability fixation, causality recognition, then analyzed its theory, legal rules and relief measures, meanwhile pointed out its existing deficiencies.As the most important part of the thesis, the fourth part put forward four proposals on the basis of the above analyses, that is to strengthen and perfect the legislation of civil responsibility when citizens' environmental rights are violated, to establish environmental liability insurance system, to eliminate the violation by using civil contract in environmental protection, to introduce the right of environmental self-defense into civil remedy system of citizens' environmental rights, and to perfect civil action of environment right infringement. It is hoped to contribute to the development and accomplishment of this theory through personal effort.
Keywords/Search Tags:citizens' environmental rights, environmental tort, civil remedy
PDF Full Text Request
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