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Study On The Obligor Of Compensation For Ecological Environment Damage

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q XueFull Text:PDF
GTID:2481306290993549Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
This paper studies from the perspective of the obligors of compensation for ecological environment damage.Following the research ideas of exploring the relevant theories of the obligors of compensation for ecological environment damage,analyzing the legal status of the obligors of compensation for ecological environment damage,discovering the problems in the legal status,learning from the relevant legislative experience of foreign countries,and putting forward suggestions for improvement,it mainly focuses on the scope and scope of the obligors of compensation for ecological environment damage The way of responsibility bearing is the research content.This paper can be divided into five parts:The first part is the introduction.The introduction part mainly introduces the background of the topic,the significance of the research,the current situation of the research,the innovation and the research methods of this paper,and highlights the research purpose and research value of this paper.The second part is the first chapter.This chapter explores the relevant theories of the obligors in the form of overview,which can be divided into two parts: the theory of ecological environment damage and the theory of the obligors.First of all,by analyzing the concept and connotation of ecological environment damage and the legal analysis of environmental tort damage,the relevant theories of ecological environment damage as a legal fact are studied.Then,on the basis of the relevant theoretical research on the analysis of ecological environmental damage as a legal fact,this paper analyzes the concept of compensation obligor for ecological environmental damage and the characteristics compared with the general subject of civil tort liability.The third part is the second chapter.This chapter can be divided into two parts: analyzing the current situation of the legal regulation of the obligor of compensation for ecological environment damage and exploring the problems in the current situation of the legal regulation.First of all,this chapter mainly analyzes the current situation of the legal regulation on the scope of the subject and the way of the liability of the obligors.Then,in the analysis of the current situation of legal regulation,three problems are put forward: the narrow scope of the main body of the obligors for ecological environment damage compensation,the low practical operability of the obligors for ecological environment damage compensation to undertake the responsibility for ecological environment restoration,and the difficulty of the obligors for ecological environment damage compensation to undertake the responsibility for ecological environment restoration.The fourth part is the third chapter.In this chapter,the author analyzes the current situation of legal regulation and the problems raised in the second chapter,and introduces the relevant legislative provisions of the European Union,its member states and the United States on the compensation obligor for ecological environment damage.And learn from the advanced experience of legislative provisions.The fifth part is the fourth chapter.According to the second chapter,this chapter puts forward three relevant legislative suggestions to improve the compensation obligor of ecological environment damage.1.It is suggested that the government and the potential responsible person should be the main body of the compensation obligor to expand the scope of the compensation obligor.2.It is suggested to add regional environmental governance and labor discount to expand the implementation measures of the responsibility of ecological environment restoration and establish the system of restoration scheme to improve the practical operability of the compensation obligor to undertake the responsibility of ecologica environment restoration.3.It is suggested to build a supervision system of responsibility for ecological environment restoration,so as to implement the responsibility of compensation obligor for ecological environment restoration.
Keywords/Search Tags:ecological environment damage, compensation obligor, subject scope, way of responsibility bearing
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