| Through the course of modern development,human beings have caused unprecedented damage to nature.It is more straightforward to say that if the current rate of destruction continues,the human race will surely die out.So how should we stop destroying and protecting the environment,so that human beings can continue to develop? This kind of discussion began in the natural and social sciences,and became an important object of discussion in society and academia.However,when it comes to environmental litigation in the legal circle,it is very rare to put forward the protection of the environment itself,and it is even more difficult to bring a lawsuit solely for the purpose of protecting the environment.South Korea has seen an increase in "nature rights" lawsuits brought by wild animals and plants to protect them themselves.This kind of "nature right" litigation has a completely different purpose and content from the previous litigation to protect the life,body and property of residents,which can be called "a new type of nature protection litigation".In the traditional concept of environmental protection,the focus of legal mediation is to adjust the relationship between people,which ignores the relationship between people and nature.With social development,people thought liberation from the new look at the relationship between human and nature,as well as the legal position is the inevitable trend,for example,has stipulated in the laws of the United States endangered species can be used as the plaintiff,the environmental damage caused by environmental groups can be used as an agent for enterprises and organizations filed a lawsuit,at the same time,South Korea also will promote to the Supreme Court,natural objects litigation can be seen,The relevant laws of environmental protection gradually deepen the emphasis on the adjustment of the relationship between man and nature,and have made great achievements.However,the question of "whether we should recognize the rights of natural objects" is still relatively new to us,and this question lacks practical practice.At present,it can only be discussed as an abstract question.But looking at the environmental crisis we are in and the shortcomings of the laws and regulations on environmental protection,the solution to this problem is very urgent.Based on the analysis of the legal basis and judicial practice of natural object litigation in South Korea,this paper divides the full text into the following five parts:In the first part,on the basis of referring to the relevant literature,the author first elaborated the research background and significance of this paper,and systematically summarized the research status at home and abroad.On the basis of describing the research methods,the author elaborated the innovation points of this paper.The second part introduces the overview of Korean natural object litigation,that is,introduces the concept,characteristics,origin,significance and feasibility of Korean natural object litigation.The third part analyzes the relevant legal basis and judicial practice of natural object litigation in South Korea.Based on the constitutional basis and other legal basis of natural object litigation in South Korea,this paper analyzes a typical natural object litigation in South Korea--the "salamander" litigation in Chishengshan,and explains the attitude of Korean courts towards natural object litigation.The fourth part,through the analysis of the typical cases of natural object litigation in the third part,focuses on the three focus issues of natural object litigation in South Korea.The fifth part,a brief description of the current situation of China’s natural object litigation,and through the study and reference of this paper put forward the realization of China’s natural object litigation system reference significance.For South Korea’s natural object litigation,our country can learn from four aspects,the constitution clearly environmental rights,expand the interest relationship,natural object litigation into the judicial procedure,environmental protection groups actively involved in natural object litigation. |
