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Classified Case Study Of Environmental Pollution Liability Disputes

Posted on:2021-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:L HuangFull Text:PDF
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The polluter bears the responsibility of ecological environment restoration,which can minimize the adverse impact caused by ecological environment damage.However,as a new type of liability bearing method,it is also faced with many problems,such as unclear legal nature,difficult to calculate the cost of restoration and unsmooth performance of obligations.Finishing civil environmental public interest litigation in China since 2015 case data statistical analysis,the court in a case the defendant to pay the cost of ecological environment restoration accounted for 71% of the total number.Three typical cases,including Xuzhou Procuratorate v.Company A,China Biodiversity Protection and Green Development Foundation v.Company B,and Guangzhou Procuratorate v.Zhang et al.,were analyzed,its core focus of dispute has three: ecological environment repair responsibility problems,ecological environment repair costs recognized problem,ecological environment restoration obligations.First of all,ecological environmental restoration responsibility is positioned as an alternative way to restore the original state by the Supreme Court's judicial interpretation.However,ecological environmental restoration,after all,is quite different from restoring the original state and compensating for losses,and it belongs to a new form of environmental tort liability.The specific ways to undertake the responsibility of ecological environment restoration include restoration of ecological environment,payment of restoration cost,alternative restoration and compensation for ecological environment service function loss,etc.In the exploration of alternative restoration methods,specific standards and acceptance schemes for restoration should be clarified,or targeted environmental protection activities should be carried out according to the characteristics of individual cases.Secondly,the identification and assessment of ecological environmental damage and expert opinions are the main ways to determine the cost of restoration.However,such evidence has limitations and uncertainties,so the court should strengthen the review of the appraisal report,play the role of expert assistant,and balance the punitive and economic factors.If the appraisal cannot be conducted or the appraisal cost is too high,it shall be determined reasonably by taking into account various factors and referring to relevant opinions,and the interpretation and reasoning of the law shall be strengthened in the judicial documents to enhance public credibility.Finally,the cost of repairs may be paid in installments or in some way offset.It is necessary to establish a special fund account for ecological environment restoration in view of the disordered management and use of restoration funds.In order to ensure the effect of restoration,an implementation supervision mechanism involving procuratorial organs,relevant government departments,interested parties and the public should also be established to ensure the implementation of the restoration responsibility.
Keywords/Search Tags:Environmental public interest civil litigation, Environmental damages, Environmental modification
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