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Research On Environmental Pollution Victims Relief System

Posted on:2013-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2296330362963906Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The natural environment is an important precondition and foundation for social progressand economic development, environmental protection for humans, in significance, however,with the rapid development of modern industry, the increasingly serious environmentalpollution, should not be after the interests of the victims of pollution damage some relief,giving the community a number of uncertainties. This paper describes the basis of theenvironmental rights on the type and value of the relief system for victims of environmentalpollution, analyzed through comparison draw the Two of the victims of environmentalpollution relief system, China’s Pollution Victims Relief System The analysis pointed out thatChina’s Pollution Victims Relief system is not perfect deep-seated reasons, and the perfectionof the system suggested that in order to appeal to the community concerned about the relief ofvictims of environmental pollution, to create a harmonious and beautiful natural environmentand social environment of contributing.Environmental pollution has become a global issue and people’s lives and propertycaused by a huge infringed or threatened, the paper alleged victim means to be deniedeffective relief to the villagers in the lowest level of society, the legitimate rights and interestsof damaged, fishermen and the public. The proposition of environmental right is theprotection of the interests of victims of pollution provides the theoretical support. In additionto the traditional ways, environmental pollution victims relief system mainly includes threekinds of: environmental pollution liability insurance system, the environmental public interestlitigation system and the environmental pollution damage compensation fund system.Common Law Department in the United Kingdom, the United States, the civil law inGermany, France, Japan and other country’s legislation in both the relevant provisions of therelief system for victims of pollution, such as environmental pollution liability insurancesystem in the United States, environmental public interest litigation system, the environmentpollution damage compensation fund system, the system of environmental tort punitivedamages; environmental pollution liability insurance system, the environmental publicinterest litigation system; France’s environmental public interest litigation system,environmental pollution liability insurance system; environmental pollution liability insurancesystem in Germany, environmental public litigation system; environmental pollution damagecompensation fund for environmental public interest litigation system. Pollution Victims Relief system generally adopted in developed countries and the results are outstanding, andvery worthy of our reference.China has not yet established to improve the relief system for victims of environmentalpollution, a huge infringement of people’s lives and property by environmental pollution, mostof them filed the complaint of infringement of personal environment, to protect their owninterests, but rugged Rights of Way rough and difficult, with little success. Victims ofenvironmental pollution in China relief system is not perfect due mainly to existing laws andregulations are not perfect, and environmental law enforcement is not enough and theconstraints of the model of economic development.Corresponding to this, want to sound, to improve the relief system for victims ofenvironmental pollution, to the relief of the victims of pollution to prove effective, punishenvironmental law, safeguard the legitimate rights and interests of victims, should proceedfrom the following three aspects, namely foreign Pollution Victims Relief legislation, not onlyto build including environmental pollution liability insurance, environmental public interestlitigation, environmental pollution damage compensation fund, including a completeenvironmental pollution relief system for victims of system, but also to focus on the internalconstruction of each system against defects; all practicable means to strengthen environmentallaw enforcement; to speed up the pace of transformation of economic development. As longas this, the interests of the victims of pollution can be truly protected, the policy benefits thepublic, and social harmony.
Keywords/Search Tags:environmental pollution, victims, relief
PDF Full Text Request
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