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Research on Chinese Environmental Rights Remedy

Author: JiangLinJie
Tutor: HouLiYan
School: Shijiazhuang University of Economics
Course: Environment and Resources Protection Law
Keywords: Environmental Tort Civil Remedies Administrative Remedy Social Aid LiabilityInsurance
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 15
Quote: 0
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Abstract


Along with the rapid development of China’s economy and improve degree ofindustrialization, the environmental pollution and environmental dispute highlightedincreasingly the number and scale are also growing environmental problem is graduallybecoming the modern social people faced a tough problem. The environment right thisconcept, it is also as people increasingly attention to environmental issues arising, itemphasized in the good environment for people to have the right to survive and develop.No relief have no right, when the humans in use, in the process of transforming the natureof human environment for destroying the injury caused by their own rights and interests,we should take legal weapon, and set up a corresponding system for environmental rightsfor relief.Compared with the general tort of environmental tort has its own characteristic thatmakes the traditional civil relief and administrative relief way can meet in the environmentinfringement of victims’ rights protection, exposed the environment right relief system inChina some weaknesses, also it is because of these deficiencies and defect, make the victimseek relief road in difficulties, unable to timely and effective relief.This article through in-depth analysis of the environment right and the connotation andcharacteristics of the environment infringement, the present condition of environmentalright relief in China, points out that the existing environment right relief system, and thedeficiencies of abroad through the environment right has been gradually maturing reliefsystem for China summed up from the suitable to China’s reality, from the development ofpractical measures to perfect our environment right relief system. The author thinks that,our country environment right remedy system in addition to public interest litigation,administrative litigation from aspects of civil litigation, and perfect the judicial relief;Should also from environmental dispute resolution mechanism countermeasures to improvethe administrative remedy, especially should construct with mandatory environmentalliability insurance, aided by the environment right social security system, environment rightpublic compensation system, supplemented by the environmental right of such social reliefsystem, thus in the overall constructing environmental rights relief system, also must payattention to folk environmental groups in the environment right remedy aspects ability and mobilize all can mobilize power, common realize the protection of civil environment rightand almsgiving.

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