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Environmental Justice Problems Research In China

Posted on:2015-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:S D WangFull Text:PDF
GTID:2296330431997092Subject:Environmental resources law
Abstract/Summary:PDF Full Text Request
With the growing number of environmental disputes in China, reform of the judicial system, an urgentneed to study environmental justice, have prompted us to set sights on top of environmental justice. Atpresent, China’s environmental justice is not satisfactory, and there are many problems in its running,leading to what environmental justice should function can not function effectively. This makes it necessaryfor us to theoretical research, combined with China’s judicial practice, a number of important issues ofenvironmental justice system to run in-depth analysis and discussion. China’s current judicial practice andtheoretical research on environmental justice connotation of view has not been agreed, but for the importantfunction of environmental justice is generally recognized. This paper tries to summarize the macro-leveloverview of the current situation of environmental justice run, and accordingly reveal the presence ofspecific issues of environmental justice and improve system security, in order to promote the realization ofthe judicial function of the environment, and ultimately solve the growing number of environmentaldisputes, play a role in environmental protection.In addition to the introduction and conclusion of this article, is divided into four parts:Part I: Overview of environmental justice. In this section, the paper first describes the meaning ofjustice. Environmental Justice should be lower concept of justice. Through elaborate on the meaning ofjustice, and then analyzes the meaning and function of environmental justice. While the meaning ofenvironmental justice in our country has not yet reached a consensus view, but the power of the judiciaryshould be an important safeguard for environmental protection is unquestionable. Thus, the author furtherdefine environmental justice for three important functions of ecological civilization construction andenvironmental protection: environmental justice is one of the necessary measures to integrated solutions toenvironmental problems; environmental justice is an effective solution to environmental cases last bulwark;environmental justice is to strengthen supervision inevitable requirement. In order to lay the foundation forlater writing.Part II: Environmental justice runs the status quo. When we started studying issues of environmentaljustice, you have to start from the analysis of their current situation. I learned from the current situation of China’s macro-level environmental justice for a simple sort through the contradictions discussedenvironmental justice and environmental legislation, environmental enforcement and related technologiesbetween the various manifestations were discussed current situation of environmental justice, revealing thecountry ecological and environmental protection needs to be starting from the top-level design environmentjudicial reform, which is consistent with eighteen report "five in one" pattern to justice.Part III: Specific issues of environmental justice in China. I mainly from unreasonable imperfectenvironment existing environmental legislation judicial institutions, environmental justice team lacksquality, environmental pollution and environmental damage appraisal and evaluation imperfect judicial fiveareas susceptible to outside influences, discusses the operation of the existing environmental justicespecific issues, which is a concrete manifestation of the judicial and legislative environment, environmentalenforcement and environmental conflicts related technologies. Of course, a particular problem is not onlyone of the contradictions reflect the specific problems and contradictions are not one to one relationship. Aspecific problem is often a reflection of a number of contradictions. The confined space limitations, theauthor only from these five aspects are described and analyzed.Part IV: China’s environmental justice perfect proposal. The third part of the author based on thespecific issues raised by the proposed targeted corresponding improvement recommendations. For theproblem of environmental legislation is imperfect, the author clearly and moderate widening range ofenvironmental cases acceptable environmental public interest litigation, and enhanced operability twoelaborated recommendations to improve environmental legislation. Environmental organizationsunreasonable for the trial issue, the author proposes to set environmental courts and dispute resolution inthe environment play a dynamic role of the judiciary’s recommendations and provide evidence-based legalbasis, institutional infrastructure and mechanisms set up environmental courts. At the same time, I believe,according to the Environmental Court at the moment no law can collegial panel of environmentalprotection within the system to hear the case of the environment, and this is by far the most viable option.In view of the lack of team quality environmental justice issues, the author introduced from theenvironment to establish judicial staff, two aspects of the training system and give full play to the role ofthe auxiliary support professionals put forward a sound proposal. For the identification of environmentaldamage assessment imperfect problem, the author-depth research to strengthen the standardization of construction from forensic assessment agencies, establish and improve the mechanism of supervision andassessment techniques and methods to promote the identification of three suggestions to improve. Finally,environmental justice issues susceptible to outside influence, the author puts forward a number ofrecommendations from the side, designed to provide a favorable external environment for environmentaljustice.
Keywords/Search Tags:environmental justice, environmental protection courts, environmental public interest litigation, judicial activism
PDF Full Text Request
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