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Analysis On The Environmental Public Interest Litigation In Taizhou

Posted on:2018-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:T XieFull Text:PDF
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The environment public interests litigation case of Taizhou Environment Federation,along with other six companies like Jin Hui,Fu An,Shi Meikang,Shen Long and Zhen Qing,has attracted attention of the worldwide media due to its compensation which was amounted to 160 million yuan.On the day of March 7th,2017,this case was selected into one of the top ten typical environment public interests litigation case the Supreme People’s Court issued.From January 2012 to February 2013,Changlong and other six chemical industries in Taizhou City,which work on the production of chemical products,have entrusted uncertificated companies and individuals with as many as 25 thousand tons of waste acid they produced.And those companies and individuals have poured the waste acid directly,or secretly with ship,into local rivers.Then this case was reported by local people and investigated by relevant departments,and the suspects were arrested.In August 2014,people’s court in Taizhou City has sentenced 14 people involved in this case to two to five years’ imprisonment with the crime of environmental pollution,and fined them 160 thousand to 410 thousand yuan.Afterwards,Taizhou Environment Federation submitted the environment public interests litigation to people’s court in Taizhou City as a public service organization.This case involves four trial focuses: whether the Taizhou Environment Federation is the proper plaintiff,whether the pollution damage to the environment exists,whether the causal relationship between the action that industries like Changlong dispose by-product acid in way of signing sales contract and the result of damage exists,and how to calculate the expense of environmental remediation.Based on this case,the thesis tries to confirm the qualification of plaintiff according to the principle and the rule of law.It also strives to maintain the range of environmental damage result by comparing environmental tort and traditional tort and affirm that damage result exists in this case,analyze the case according to the affirmation on causal relationship inference and consider that there is a causal relationship between the defendant’s conduct and damage result,and confirm the expense of environmental remediation according to the relevant provisions of the Ministry of Environmental Protection hold on the assessment and evaluation of environmental pollution damage and the relevant provisions of the annex.At last,the thesis puts forward some relevant suggestions hoping to promote and guide the judgment on individual cases and the perfection to relevant systems in judicial practices of our country in the future.
Keywords/Search Tags:environmental public litigation, Environmental Tort, causality presumption, Environmental rehabilitation
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