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On The Specialization Of Our Country Environmental Justice

Posted on:2016-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:X C LiFull Text:PDF
GTID:2181330467489580Subject:Law
Abstract/Summary:PDF Full Text Request
The quickly development of economy at the same time, the resulting problems are alsomany, make our living environment is becoming worse, also makes the rapid growth in thenumber of environmental disputes. Public way to solve the environmental dispute is varied,but the first thought of or access to justice. The public by the administrative department forenvironmental disputes, cannot be effectively solved, because the environmental dispute itselfhas particularity and complexity, the traditional relief way cannot meet the needs of today’ssociety. So, we will choose to establish special judicial environment, constructingenvironment judicial specialization. In the developed countries such as Australia,America,Sweden, New Zealand, etc., they through practice of environmental justice specialization, forour country to build environment provides the beneficial reference for the judicialspecialization system, strengthened the confidence we set up perfect environmental lawsystem. Long-term judicial practice in our country, there are some places have begun thepositive exploration, the establishment of a special judicial environment, such asenvironmental protection divisions. In the process of deepening the reform of environmentallegal system constantly, should be combined with the current system of judicial system tobuild the specialization of our country’s environmental justice.This paper includes the belowing five chapters:The first part mainly includes the writing background, significance and innovation of thispaper, and the research status at inland and abroad. Through the study of the present study athome and abroad content, from the theory of environmental justice roughly to have anunderstanding with the trend of specialization, to complement the author’s research ofenvironmental judicial specialization.The second part is mainly to define environmental judicial specialization. Based onenvironmental justice, the definition of the concept, characteristics of justice to theenvironment may have a whole understanding. This part also includes specialized necessityand feasibility of implementing environmental justice in China, it is concluded that theenvironment in our country shall judicial specialization is necessary and imperative. The third part mainly includes the environment in our country judicial practice ofspecialization, GUIZHOU, YUNNAN, JIANGSU provinces, with good experience, at thesame time, summarizes the problems existing in the court for a provincial environment, putforward environment court need to get the perfect reality on the basis of existing.The fourth part is mainly to Australia, America, Sweden, New Zealand environmentanalysis of the present status of the court, to learn from foreign experience in good use.The fifth part is the research on the adoption of the above, combined with China’s currentactual circumstance, put forward useful suggestions and methods from the aspects ofenvironment trial specialized institutions, judicial system, the execution of the judgment, so asto realize the judicial relief of environmental disputes in our country.In the present haze, water pollution problems of the worst cases, the nationaldevelopment in the beautiful Chinese and eighteen big construction goal deviate from thescenario, the growing under the condition of environmental litigation, more pressing need tostrengthen and improve the environmental legal system and environmental legal systemnow, finally realize the dream of green water, blue sky.
Keywords/Search Tags:Environmental Justice, Environmental Judicial Specialization, theEnvironment Court
PDF Full Text Request
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