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Research On Environmental Damages In Our Country’s Environmental Civil Public Interest Litigation

Posted on:2016-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HouFull Text:PDF
GTID:2296330464462630Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The environmental pollution and destruction of our country has seriously affected people’s production and living conditions in recent years, as an effective remedy to the government’s environmental protection failure, environmental lawsuit of civil public interest has been widely concerned. The current amendments to “the civil procedure law of PRC” on the provisions of the environmental public interest litigation subject, the revision of “environmental protection law” on the provisions of the environmental public interest litigation subject in 2014, the formal implementation of “The interpretation for several issues on the trial of the law applicable to civil environmental public interest litigation cases” which is called “imperial sword”, enacted by the Supreme People’s Court, and many courts of environmental protection have been set up in different regions are a reflection of the legislation and the judicial circles’ stress on environmental public interest litigation. However, a lot of environmental civil public interest litigation cases involving environmental damage compensation have only been given regulations to the sentenced compensation amount in judicial practice, with no mention of the follow-up processing mechanism of environmental damage compensation. As an important remedy to the fact of the environmental destruction, the treatment of environmental damage compensation after the plaintiff winning the lawsuit has always been in a legal vacuum. Courts in different regions have not reach an agreement, without unified standards and regulations, not to mention about the subsequent implementation and supervision mechanism, the lack of this supporting mechanism is not good to the development of environmental civil public interest litigation.The damage compensation issues of environmental civil public interest litigation have been discussed in this thesis from the following five aspects: The first chapter of this paper mainly discusses the civil environmental public interest litigation of environmental damage, the way of environmental damage relief and the environmental damages. The purpose of it is to explain the related concepts, and to clarify the nature of the civil environmental public interest litigation damages. Environmental damage just refers to the damage to public environmental welfare, which includes the public and environmental damage, environmental pollution and environmental damage, not including the damage to the personal and property. The way to relief the civil environmental public interest litigation in the environmental damage is to stop the infringement, to eliminate the obstruction, and to eliminate the danger. To compensate for the losses, we take the way of monetization manifestation to compensate for the losses. The environmental compensation refers to a currency form, ordering the liability subject to convert the expected expenses for harnessing the damaged environment into money when the public environment is polluted or damaged. The second chapter is mainly to analyze the public interest litigation of the civil environmental damages in judicial practice in our country. In practice, some court made the judgment of the civil environmental public interest litigation, but there exist many problems in it. This part is mainly discussed the scope of application of environmental damages, the compensation standards, and the problems existing in the supervision of the management. The third period is mainly discusses the ownership of the interest litigation in our country. Based on the analysis of environmental damages carding and legislation the current in our country academic area, we can put forward the author’s opinion the infringement of legal interests is the environment public interest, thus the interest of litigation should be enjoyed by the public. The fourth chapter mainly discusses the civil environmental public interest litigation in our country, and the scope of environmental damages and compensation standards. We determine the compensation scope and standards for compensation combined with the actual situation of our country and draw lessons from foreign experience. The fifth chapter mainly discusses the supervision and the management of the civil environmental public interest litigation. In the judicial practice, there are many differences on the supervision of interest litigation. Based on the analysis of the environmental protection and environmental management departments and NGO damages malpractice, this thesis proposed to set the environmental damage compensation fund, guaranteeing the compensation from the system can be put in the recovery of damaged environment and governance.
Keywords/Search Tags:environmental civil public interest litigation, environmental damages, compensation standard, attribution, management
PDF Full Text Request
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