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On The Civil Liability Of Environmental Civil Public Interest Litigation

Posted on:2020-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2416330572993946Subject:Law
Abstract/Summary:PDF Full Text Request
From the current theoretical research and practical experience,for the civil environmental public interest litigation in China discussed mainly in the scope,the qualification of the plaintiffs case,the court accepts the conditions,the case shall be under the jurisdiction of and corresponding proceedings.the current law to the environment the way of the civil liability provisions of the civil public interest litigation is relatively simple.Strengthening the research and legislation on the way of bearing civil liability is not only the optimization and improvement of the civil environmental public interest litigation system,but also a powerful measure to punish and educate the behavior of destroying the ecological environment under the background of ecological civilization.It is of great significance to study environmental civil public interest litigation from the perspective of liability bearing.Second,it determines the specific content of the judgment made by the court.The liability bearing mode of environmental civil public interest litigation is not only the starting point of the appeal of environmental civil public interest litigation,but also the end point of the realization of the entity and procedural rights and interests of environmental civil public interest litigation.The first part is the overview of civil liability in environmental civil public interest litigation,through the analysis of the basic connotation of environmental civil liability,the civil liability in environmental civil public interest litigation components and the principle of liability accurate positioning.The second part is the analysis of the ways of bearing civil liability in environmental civil public interest litigation,which divides the eight situations of tort liability law into three categories within the scope of environmental law,and probes into the ways of bearing environmental civil liability.The third part is through the analysis of the three categories of responsibility,to demonstrate the case,in order to point and surface,found that the three categories of liability problems.The fourth part is on the basis of the first three parts of the third part of the environmental civil public interest litigation civil liability in the existing problems of the way to put forward targeted recommendations.
Keywords/Search Tags:environmental civil public interest litigation, civil liability, preventive liability, restorative liability, compensatory liability
PDF Full Text Request
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