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Study On The Damage Compensation Of Environmental Civil Public Interest Litigation In China

Posted on:2018-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z GuoFull Text:PDF
GTID:2346330533957348Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental civil public interest litigation system as an important system to safeguard the public interest of the environment,refers to the public interest in order to protect the environment,to make damage to the ecological environment damage to the public welfare of the ecological environment or a major threat to environmental public interest behavior of citizens,enterprise legal person,social organization to the court proceedings system.Especially in the environmental civil public interest litigation damages system,for the maintenance of environmental public interest is particularly important,with a significant reality.In recent years,environmental public interest litigation system of environmental protection is very important,significance.However,there are still some problems such as the scope of compensation for environmental damage and the standard of compensation for environmental damages,the order of compensation for environmental damage needs to be straightened out,there are some difficulties in compensation,the use of compensation and the lack of supervision mechanism.Therefore,this paper aims to focus on the current environmental civil public interest litigation compensation issues started,first of all to present the actual situation to sort out and analysis.Through the existing domestic and foreign theory and practical experience,the current system of the existing problems one by one pointed out the reasons for their existence.Combined with China's specific national conditions,proceed from reality,put forward reasonable proposals on these issues.And make reasonable planning on the long-term development of the system on the reasonable development trend.Specifically,this article is divided into four parts: The first part explain the contents of the environmental civil public interest litigation system and the damage compensation of environmental civil public interest litigation.The specific contents include the definition and characteristics of environmental civil public interest litigation,the meaning and concept and particularity of compensation damage in environmental public interest litigation.The second part is to find out the legal problems of environmental civil public interest litigation damages in our country on the basis of analyzing the relevant laws and relevant judicial practice in our country.The third part is to elaborate and analyze the advanced experience of other countries with perfect environmental damage compensation system,and to extract the theory and system which is beneficial to the construction of our country's environmental damage compensation system.The fourth part is to based on the actual situation in China and combined with the advanced experience of other countries,gives practical and feasible legal advice for helping solve the problems faced by our country's environmental civil litigation compensation.
Keywords/Search Tags:environment, civil public interest litigation, damages, public interest
PDF Full Text Request
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