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The Public Interest Litigation Of Marine Environment Pollution

Posted on:2012-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhouFull Text:PDF
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Environmental public interest litigation refers to the state authorities, legal persons, civicl groups or civils to suit of the action of offending the public interest of environment.The problem of environmental pollution has become serious increasingly,and caused a researching enthusiasm about building the environment public interest litigation system, although this system has not yet formed,but our theoretical studying of this system is relatively mature.Provided an adequated theoretical foundation for constructing the system.China's traditional legal system is often emphasised on " the hurts of human",but less concerned about "the damages to the environment" , so our country has not yet formed the system of compensation for environmental damage or quantitative criteria.Meanwhile, the traditional procedural of "the direct interest" theory, refused most of the public people suit for the environmental public interest,which cause lots of blocks on the construction of environmental public interest litigation system.As the importance and particularity of the ocean, the pollution has the public property obviously , therefore, trend to the international environmental protection, leading the environmental public interest litigation system into the marine environmental protection, establish of the public interest litigation of marine environment pollution is particularly necessary.The public interest litigation of marine environment pollution is the litigation system, that be aimed at the action of polluting the marine environment,and the national authorities, legal person,civicl groups or civils who is for the public interest of the marine environment have the right to suit them. China's existing environmental public interest litigation theory, foreign environmental public interest litigation system and practice is all the important reference to constrct our marine environmental pollution litigation system .The first part of the thesis is looking for the key feature of the environment public interest litigation from the relevance definitions,and then summarized the legal status and main systems about it.The second section summarize the characteristics and harm of the marine environment pollution briefly, and summaried the existing legislation and administration problems on it, Which demonstrated the importance of building the marine environment pollution litigation system.The third part is referring to the U.S. environmental public interest litigation system, focuses on some concern systems,and analyse "the Gulf of Mexico" ,think that the United States used of a double protection mode in marine environmental protection.Part IV summarizes the legal basis and obstacles on the constuction of the public interest litigation of marine environment pollution,and combined with "Teaseman Ship" to clarify the reality problems in the constucion of the public interest litigation system of marine environment pollution.Finally, in the fifth and the sixth parts ,benefited from the civil suits system and the judicial practice in the United States,and combination of the judicial practice in our country, the main suggestion is on the scope of the defendant, the eligibility criteria of plaintiff and their orders, abuse problems and the compensation limits and quantitative methods ect.,hope to better guide our construction of the public interest litigation of marine environment pollution and judicial practice.
Keywords/Search Tags:environmental public interest litigation, the marine environment pollution, Civil suits, Judicial practice, the construction of legal system
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