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Research On The Public Interests Litigation Of Marine Environment In Our Country

Posted on:2015-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q SuFull Text:PDF
GTID:2296330428469535Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy, the development model for the more diverse marine resources, environmental problems are also increasing. Unlike marine environmental pollution and water pollution, air pollution, and its continued strong, broad diffusion range, a large extent of the damage to the ecological environment, high repair costs, but also on the production and life of many coastal residents caused serious damage.Intensified to curb pollution of the marine environment, and to make up for lack of legal system, our amended in2012," Civil Procedure Law" provides a public interest litigation. But after a year of practical experience, whether the legislature or the judiciary are aware that the system does not achieve the desired effect of legislation, public interest litigation to establish a short time, experience shallow, inadequate regulations, lack of support and departmental laws Conditions relevant case experience, will easily become a dead letter. Therefore, this article will be based on the analysis of relevant cases, public interest litigation mechanism for marine environmental pollution and make some analysis, presented at one of the imperfections, and the corresponding recommendations to improve the system in order for our oceans development of environmental public interest litigation system has gain. The following is the specific structure of this article:The first chapter, an overview of national public interest litigation marine environmental pollution meaning, characteristics and related theories;The second chapter, through the analysis of several key marine environmental pollution cases to introduce the status of marine environmental pollution judicial public interest litigation and made one of the problems;The third chapter, it will pollute the marine environment outside to inspect public interest litigation system in order to get a reference of significance in this regime;The fourth chapter, through domestic and international marine environmental pollution welfare system and judicial proceedings compare the status quo, put forward a sound public interest litigation system proposal from the subject of litigation, to protect the right to appeal the proceedings and remedies.
Keywords/Search Tags:the Marine environment public welfare, Public interest litigation, themain body qualifications, compensation for relief
PDF Full Text Request
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