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The Research On The Legal Problems Of Environmental Tort Relief Of Private Force

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiaoFull Text:PDF
GTID:2256330401483355Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy and society in China, industrialization and urbanization has caused tremendous pressure to the ecological environment, and environmental torts caused by environmental pollution and ecological damage has become a major social problem we face. Meanwhile, in the face of environmental tort at present, how to provide effective relief to the victim, also becomes the problem to solve. In the study of environmental law in our country, most scholars only focus on the environmental tort relief of public force, and ignore the environmental tort relief of private force. Because the environmental tort relief of private force in the domestic academic circle has not yet in-depth and systematic research, the relevant legislation is not perfect, so the study of environmental tort relief of private force has significant theoretical and practical significance. Based on the view of rule of law in environmental tort relief of private force as the research object, the paper carries on the thorough discussion foundation, value, the problems of environment tort relief of private force and solving measures. Firstly, the paper defines the environmental tort, the private relief and environmental tort relief of private force and other core concepts, points out that the environmental tort relief of private force is passive, non-procedural, originated from the subjective rights, excluding the third party participation and rely on private settlement of disputes features. Secondly, the paper explained the environmental tort relief of private force existence rationality basis, from the theoretical basis, ethics and social foundation. On this basis, the article in-depth excavation of environmental tort relief of private force value, pointed out that the environmental tort relief of private force in making up the public remedy, broaden the channels of public participation in environmental protection, to meet the people’s pursuit of substantive justice, to promote the realization of environmental governance plays a irreplaceable role. Thirdly, through the research of relevant cases, in-depth analysis of the problem of the environmental tort relief of private force, point out the different types of private relief for environmental tort shall set up corresponding legal limit. Finally, the paper stressed on the environmental tort relief of private force legal guidance, insist on the principle of balance of interests, the principle of private autonomy, avoidance of illegal principle, to improve the relevant legislation of environmental tort relief of private force, strengthen environmental law enforcement, improve the regulatory system, to achieve environmental tort relief of private force and public force effective cohesion, in order to promote the healthy development of environmental law.
Keywords/Search Tags:environmental tort, private relief, rule of law of environmental
PDF Full Text Request
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