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Study on Environmental Legal Interests

Author: QiFei
Tutor: ZhouXunFang
School: Central South University of Forestry Science and Technology
Course: Environment and Resources Protection Law
Keywords: environmental legal interests the value of environmental legal interests content in environmental legal benefits legal protection about environmental legal interests
CLC: D912.6
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


The different understanding and expectation to Environmental Legal Interests restrict theoretical study on Environmental Legal Interests. And the extent of the legal protection directly affects the actual effectiveness of Environmental Legal Interests. Therefore, an accurate definition on connotation and status of Environmental Legal Interests, and the perfection of it will be beneficial to promote the further development of the study on Environmental Legal Interests.Through the passed theoretical study we can find that, the previous environmental legal theory study often take Environmental Legal Interests as Environmental Criminal Law Interests, which is not accurate. And special value of Environmental Legal Interests was not reflected. Concept is a necessary tool for solving legal problems. Therefore, to reveal the true features of Environmental Legal Interests, we must first clear the concept of Environmental Legal Interests. The so-called Environmental Legal Interests is the environmental rights and interests protected by environmental law. Compared with environmental criminal law, Environmental Legal Interests,whose essence is an Environmental Legal Interests in an overall legal sense, and which contains both public and private interests, is an independent concept with particular connotation. Environmental Legal Interests is not utopian invented; its produce based on ecology, economics, law, ethics and philosophy multidisciplinary base. Environmental Legal Interests, reflecting complex relationship between human and nature, have multiple values, and its fundamental value is coordinating the relationship between human and nature. Further research find that, the subject of Environmental Legal Interests must be human; and its content essentially is overall environmental interests. Natural as the main body is just a kind of legislation, and do not change the human subject. From the perspective of legal terminology, Environmental Legal Interests’ contents are divided into environmental right and environmental interests; form the perspective of the interests of different subjects, Environmental Legal Interests contents include environmental public interests and environmental private interests as well. Through the practical level study we can find that, current Environmental Legal Interests legal protection remains to be perfected. There’s a lot environmental legislation, but few laws have effect. Although environmental legal enforcement has got short-term results, environmental law-breaking phenomenon is still serious. Environmental Legal Interests can’t get effective protection through judicial proceedings due to the lack of environmental public interest litigation. The reason is that our country’s environmental legal system lack the systematic and effective protection to overall environmental interests. Therefore, China’s environmental legislation should update legislative ideal, improve environmental legislation system, adjust the structure of environmental legislation, and enrich the environmental legislation content. The environmental enforcement should establish and perfect "ternary environmental enforcement supervision system", gradually improve environmental legal system, and strengthen enforcement means. Finally, the environmental public litigation system should be established, meanwhile, the specific system of environment litigation should be perfected, and, the litigation procedure safeguard mechanism should be established accordingly.

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