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The Construction Of Environmental Protection In China Court

Posted on:2012-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:N S QuFull Text:PDF
GTID:2211330338998655Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
As long as the degree of our county's industrialization has improved steadily, thecontradiction of rapid economic growth and resources and environment has becomeincreasingly sharp. Since the number of environment cases has increased and theawareness of environmental protection of the government and the public hasgradually enhanced, how to deal with the growing surge of environmental casestimely, accurately, and effectively, has become the burning problem in the field ofenvironmentaljustice.At present, all levels of government have established different forms ofenvironmental protection agencies, playing a significant role in the environmentaldispute. However, relying solely on the settlement by the environmental protectionbureaus has many drawbacks. In order to implement effectively nationalenvironmental laws and regulations and play a special role in environmentalprotection by means of law, establishing the Environmental Protection EnvironmentCourt for environmental protection is becoming as matter of great urgency, as longasthe traditional civil court, tribunal and the Administrative Court has improved day byday. This paper argues that in addition to further strengthening of environmental lawenforcement, people's courts at all levels need to consider the establishment of a newjustice agencies - the Environmental Protection Division. Many domestic scholarsattach importance to the building of environmental courts, analyze the status ofenvironmental courts, and put forward constructive suggestions. However, whethertheresultsaremorewidelyverifiedandoperationalneedtobefurthertested.Taking the tort liability of environmental pollution of Zijin Mining Co., Ltd forexample, this paper presents an overview of the current domestic environment setupandoperationstatusandgenerallyconcludesthepracticeofthecurrentenvironment setup, problems occurred and the causes. Learning from successful practices andexperience of Western countries, particularly in dealing with cross-regionalenvironmental disputes and environmental cases, this paper finally proposes theconceptofbuildingenvironmentalcourts.
Keywords/Search Tags:Environmental rights, environmental protection courts, environmental protection, environmental public interest litigation
PDF Full Text Request
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