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Research On The Negotiation System Of Eco-environmental Damage Compensation

Posted on:2022-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:X HanFull Text:PDF
GTID:2491306782988769Subject:Administrative Law and Local Legal System
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Under the requirements of the construction of the ecological civilization system in the new era,my country’s economic development is no longer at the expense of the environment,but has put forward the goal of high-quality development.Therefore,the negotiation system for ecological damage compensation appears as a new remedy.Different from the traditional relief methods,this system can effectively relieve the damaged ecological environment,changing the situation that the relief methods for ecological environment damage in my country are relatively single at this stage.Although the Third Plenary Session of the 18 th Central Committee of the Communist Party of China has made it clear,the goal of establishing a systematic and complete ecological civilization system and strictly protecting the ecological environment.However,my country has not yet established a complete legal system for ecological damage compensation,and the existing legal provisions on environmental tort compensation cannot achieve complete relief for ecological damage.The "Marine Environmental Protection Law" and other provisions on compensation for damage to the ecological environment are only applicable in the field of marine environmental protection.This system is of great significance to the diversification of ecological environment damage relief methods,but there are also many problems in the ecological environment damage compensation negotiation system itself and its actual implementation,which have a certain impact on the effect of ecological environment damage restoration.Therefore,the actual application of the system should be analyzed as soon as possible,and the system should be continuously improved.The text of this paper is divided into four parts.The first part starts with the basic concept and theoretical basis of the negotiation system for ecological damage compensation,and provides a theoretical basis for discussing the legal attributes of the system by sorting out and analyzing the viewpoints of the academic community.Then,it discusses the dispute over the legal nature of the negotiation on ecological damage compensation in the theoretical circles.Based on the research on the aforementioned basic concepts and theoretical foundations,it analyzes and summarizes the disputes in the academic circles,and explains the author’s own point of view.And through the discussion on the legal nature of the negotiation,it provides theoretical guidance for the improvement of the negotiation system for ecological damage compensation.The second part is based on the above theoretical analysis,combined with the development of the ecological environment damage compensation negotiation system in our country,and analyzes the system with the help of typical practical cases.By interpreting typical cases,analyze the situation and main characteristics of the whole process of negotiation from different perspectives,find out the main problems in practice,and reflect on the deficiencies of the negotiation system for ecological damage compensation in the system construction and practice;the fourth part focuses on the system For the existing defects and problems,we should consider China’s national conditions and practical situations to seek solutions,and then provide experience and reference for the improvement of the consultation system through these practical cases,in order to better play the ecological environment damage compensation consultation system in solving ecological environment problems,the role of safeguarding the interests of the public environment.Therefore,the main content of this paper is to find out its current deficiencies through the discussion of relevant theories and the analysis of the practical problems of the ecological environment damage compensation negotiation system.Safeguard the legitimate interests of relevant subjects and safeguard the interests of the public environment.
Keywords/Search Tags:Eco-environmental damage compensation consultation, legal attributes, Eco-environmental damage identification
PDF Full Text Request
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