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Study on the Environmental Tort in Eco-tourism

Author: LiuJiaNi
Tutor: LuYu
School: East China Jiaotong University
Course: Civil and Commercial Law
Keywords: Eco-tourism Environmental Rights Environmental tort Eco-tourism environmental tort legal system
CLC: D922.6
Type: Master's thesis
Year: 2011
Downloads: 81
Quote: 0
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Abstract


Eco-tourism as a new type of tourism has become increasingly welcomed by the public, increasing visitors to participate in eco-tourism, which is both economic development opportunities, as eco-tourism based on the bearing capacity of the ecological environment is also a severe test how to protect the environment, prevent pollution incidents of eco-tourism, the development of eco-tourism the primary consideration. Environmental protection system in a perfect eco-tourism, environmental tort is a major aspect of the effectiveness and practical, especially for eco-tourism, environmental tort relief, a sound legal system is the protection of the infringement effectively relief. Eco-tourism depends on the ecological environment is an important foundation of our human living environment, ecological environment once they are damaged, take several times and even the efforts of several generations to recover, or never be able to recover. Since the middle of the last century, mankind has recognized that in order to restore and improve the environment has deteriorated, we have to do long-term and unremitting efforts, the task is very arduous, human its damage to the environment in the development of industrial society has paid a heavy price. Is currently in large-scale stage of development of eco-tourism, but also should learn from the experience of history, so stable, orderly and scientific development of eco-tourism, eco-tourism as another victim in the development of our human resources, so that people with natural and harmonious development. In this paper, the characteristics of the development of eco-tourism and our current state of development, environmental tort theoretical basis of our current eco-tourism environmental tort law system analysis and made a preliminary idea of ??building a legal system of China's eco-tourism environmental tort. In addition to Conclusion There are three parts: the first part of the analysis of the concept of eco-tourism environmental tort. This part of the first of what is the difference between eco-tourism, eco-tourism and traditional tourism and eco-tourism development in China described, which reveals the importance of developing eco-tourism. The concept of eco-tourism environmental tort theory and the concept of eco-tourism environmental tort theory, followed by the combination of environmental rights and environmental tort preliminary theoretical description of the infringement to have a more in-depth theoretical understanding of eco-tourism environment. This knowledge to develop eco-tourism but also need to protect the environment, to find a balance between the environment and economic development. The second part of the eco-tourism environment Infringement relief. This section on how to identify the basic theory of eco-tourism environmental tort system analysis and research, including eco-tourism environment Imputation principle, the three constituent elements, Impunity Reasons infringement, and other elaborate, followed by infringement of eco-tourism environment relief theoretical analysis, eco-tourism environmental tort There are three ways of the private relief and public relief, social relief and responsibility. Finally, the analysis of the type of eco-tourism environmental tort, tourists infringement tourism infringement, the of infringing three main infringement type of government departments Perspective analyze the characteristics of China's eco-tourism environmental tort and tort cause, manner and responsibility. The third part is a perfect China's eco-tourism environmental tort legal system. First elaboration and evaluation of the status quo of China's current eco-tourism environmental tort legal system as well as on the basis of the preliminary idea of ??building China's eco-tourism environment tort system. From the the environmental tort legal system of China's current eco-tourism point of view, China's current legal protection still there is a big flaw categories of environmental legislation have been more perfect, other legal departments of civil, criminal, administrative and other related regulation, but the legislation level is still low but could not achieve the requirements of the protection of eco-tourism. First of all it is necessary to build eco-tourism environmental tort legal system is clear in our law the concept of environmental rights, followed by focusing on improving the existing environmental legislation, eco-tourism environmental legislation put on the agenda, and improve other related civil, criminal, the executive and the legislature, and finally provide adequate means of relief for the environmental characteristics of eco-tourism, eco-tourism environment infringement.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act
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