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Public Interest Litigation System to Research the Marine Environment

Author: ZhangFuXing
Tutor: SunChunWei
School: Harbin Engineering University
Course: Economic Law
Keywords: Marine environment public interest litigation The principle of prevention Incentives
CLC: D925
Type: Master's thesis
Year: 2013
Downloads: 41
Quote: 0
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Abstract


Marine environmental public interest litigation, a sounds strange but each composed ofwords we often see and hear the noun.2013must be more important than ever, and itsmeaning is bound to cause many domestic scholars discuss, since January1,2013, theformal implementation of the new People v. amendment indicates that China has turned aabout public interest litigation legislation. True because of this, this one we both strange andfamiliar, that yearning tread carefully legal system worthy of its inquiry, research, learning.This paper is divided into five chapters to elaborate marine environmental publicinterest litigation, this new system in our emerging started, first chapter specific narrativeresearch background and the purpose and significance of this writing, and combined with theresearch status of marine environmental public interest litigation system to be introduced inthe development of the world, and also introduced ideas and research methods of this writing,and be highlighted in the related academic innovations. The second chapter focuses on themeaning and characteristics of the marine environment, public interest litigation, its conceptof this system are analyzed, and comprehensive research situation at home and abroad to itsclassification to be scientific, and elaborate on certain characteristics of the marineenvironmental public interest litigation system. To make people understand the basic conceptof the public interest litigation system of the marine environment. The third chapterintroduces the establishment and improvement of the process of public interest litigationsystem in the marine environment in the three countries, from the United States, Japan, India,the three countries with China’s national conditions on similar identify China’senvironmental public interest litigation system development forward direction, and by theanalysis of the current situation as well as the implementation of these national legislation, toidentify the characteristics of its legislative, thereby improving the legislation of our countryto give help and advice. Chapter main content for the status quo with the reality of China’smarine environmental public interest litigation legislative level analysis to find out thedeficiencies of the legislative level as well as solutions occurred in recent years in a series ofmajor marine pollution incidents being handled. In particular, the presentation and analysisof the the Peng Lai Kangfei oil spill event, for example, occur in our waters through this together, against the public interest of our marine severe pollution incidents, raise awarenessabout the need to establish the marine public interest litigation system. The main content ofthe final chapter, including the perfection of the legislative level as well as the plaintiff, thedefendant range explored aspects of marine environmental public interest litigation legalsystem in China, given the most suitable of the applicable legislative proposals. It containsnot only at the legislative level, is also reflected in all levels of the judicial, law enforcementand the subsequent advance supervision entities or special procedures are worth exploringand concern.

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