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Research On Inputation Principle Of The Administrative Legal Responsibility In Marine Environment

Posted on:2010-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y H AiFull Text:PDF
GTID:2166360275985984Subject:Environment and Natural Resources Protection Act
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To strengthen the research on inputation principle of the administrative legal responsibility in marine environment is to further improve the investigation mechanism of the administrative legal responsibility in marine environment , so that it can better compensate for some actural imperfections on marine environmental protection law brought by the deficiency of imputation principle research. This essay is trying to propose a framework of the administrative legal responsibility principle in marine environment, and by using it, to reconsider the basic questions of the administrative legal responsibility on the basis of rationality and common achievements of further integration of imputation research.With our marine environmental protection law system for reference and from the view of the particularity of marine environmental legal responsibility, we take the marine environmental administrative legal responsibility as an independent liability system to study. Compared with other similarities and differences of legal responsibility, we explore the inherent law of marine environmental administrative legal responsibility. We sort and induce the marine environmental administrative legal responsibility systematically so as to explore the basic category of administrative legal responsibility imputation. This paper mainly introduces and analyses the basic categories of marine environment administrative legal responsibility imputation, clearifies the concept of administrative legal responsibility and analyzes its historical development process to make a value analysis. At the same time, we inspect the theoretical background and applicable conditions of theory of imputation and analyze the advantages and disadvantages of the theory objectively. Combining the present situation and the existing problems of marine environment administrative legal responsibility system, this essay puts forward some countermeasures or suggestions to explore our country's marine environmental administrative legal responsibility imputation pattern.No matter what kind of imputation principle should conform to the actual situation of the marine environmental protection law and suit the special needs of marine environmental supervision and management of development. The reality in China decides that we should establish different imputation principle according to different types of marine environment administrative legal responsibility form and establish a diversified system including fault, illegal and risk responsibility principle. There are three main principles of marine environment administrative legal responsibility, including fault responsibility principle, illegal responsibility principle and risk responsibility principle. Among the three principles, fault responsibility principle is the basic principle which applies to general marine environmental pollution or destruction of ecological behavior. While the other two imputation principles of fault responsibility principle are two auxiliary principles to compensate for the shortage of fault responsibility. The applicable scope of the other two principles is limited, only applicable to some exceptional situations.
Keywords/Search Tags:imputation principle, fault responsibility, illegal responsibility risk, responsibility
PDF Full Text Request
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