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Study On The Evaluation System Of Environmental Pollution Damage

Posted on:2018-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y L OuFull Text:PDF
GTID:2321330533460907Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the mass incidents caused by environmental pollution problems increase year by year at home and abroad.China oil spill in bohai bay,the United States after the gulf of Mexico oil spill and the Japanese earthquake caused by fukushima leak,and other similar environmental pollution events,which damaged ordinary people's personal health,life safety,property gain survival environment,and brought great danger and difficult to estimate the loss.As the judicial and administrative environment pollution environment necessary link and effective way to solve the environmental disputes,damage appraisal system received widespread attention in domestic and in practice continuously improved,but is still in the early stages of the construction and practice in the system,also have some deficiencies.The developed countries gradually formed a relatively perfect pollution damage to the environment,assessment and decision procedure,and build the pollution damage to the environment appraisal of the legal system and the reasonable appraisal mechanism.Mainly by the pollution damage to the environment related legislation,clear the pollution damage to the environment appraisal technical guidance and evaluation methods,resources and environment value concept in the system of the build process and natural culture mutual absorption,integration,finally build up including the pollution damage to the environment appraisal system as the main content of environmental rights and interests of the security system.Using the United States,Japan and the European Union and other countries and regions for example,this article through the comparative analysis and found: system construction is not achieved overnight,combined with local social and economic environment and characteristics of the development stage,it was carried out by the rich pollution damage to the environment appraisal theory research and practical application,and gradually clear the definition of pollution damage to the environment appraisal,target,object,content,finally successfully formed the different types of pollution damage to the environment based on the polluter pays principle responsibility system.Compared with developed countries,China's pollution damage to the environment appraisal appraisal is a lack of specialized institutions and some related laws and regulations is not sound,the appraisal system of technology and methods is not clear and the appraisal agency liability is not clear.Therefore,China needs to fully draw lessons from foreign developed countries to carry out the pollution damage to the environment appraisal mechanism ofpractical experience,based on the current environmental situation and economic development has characteristics of building the pollution damage to the environment appraisal system suitable to China's national conditions.To inhibit malignant environmental pollution events occur,it has important practical significance to get full compensation for pollution damage to the environment of public and private interests.
Keywords/Search Tags:Environmental pollution, Environmental damage, Appraisal, Legal systems
PDF Full Text Request
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