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On The Issues Of Environmental Damage Compensation In Environmental Public Interest Litigation

Posted on:2020-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2416330590958159Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the environmental civil public interest litigation system develops,the amount of cases accepted by the people's courts on environmental civil public interest litigation is increasing.However,in terms of legislation,China has not clarified the specific operational rules for environmental damages;in theory,scholars have a few to explore the issue of environmental damages;in the judicial practice,there is a judicial dilemma in which the related damages are difficult to identify.In addition,the law enforcement is not clear and the management is very confusing.In this context,environmental civil public interest litigation compensation is taken as research object and the underlying causes are analyzed through 63 typical cases.On this basis,the issue that how to improve the compensation system for environmental civil public interest litigation is investigated.The text of this article consists of four parts.The first part outlines the damage compensation system for environmental civil public interest litigation.It mainly introduces the related concepts of environmental damage and environmental damages compensation.Combined with a description on the scope of damages for environmental civil public interest litigation,the foundation is established for determining the scope of environmental damages.The second part puts forward the specific problems of environmental damage compensation in judicial practice.On the basis of the analysis of relevant cases,the problems are summarized into three aspects: first,the criteria for determining the compensation are not clear;second,it is not clear enough in the way of implementation;also the management and the use of damages for civil public interest litigation is confusing.The third part mainly analyzes the causes of the practice dilemma of environmental civil public interest litigation damages based on principle of "small narrative,big vision".This part starts from the problems of environmental damage compensation,and summarizes the following three aspects.First,the supply of environmental damage assessment and evaluation system is insufficient;second,there is a lack of socialization mechanism for environmental damage compensation;third,the management and use of environmental damages need to be improved.In the fourth part,a set of solutions is proposed to solve the problems in the practice of environmental civil public interest litigation.The solution points out that it should be improved from the three aspects of the identification,implementation and management of damages for environmental civil public interest litigation,and the corresponding specific measures are enumerated.
Keywords/Search Tags:Environmental civil public interest litigation, Compensation, Evaluation, Management
PDF Full Text Request
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