Dissertation > Excellent graduate degree dissertation topics show

On the environment statutory right of personality

Author: WangXiaoQing
Tutor: WangHong
School: Shandong Normal University
Course: Environment and Resources Protection Law
Keywords: Environment personality rights Legalization Socialization of private rights Limited circulation Tort socialization
CLC: D912.6
Type: Master's thesis
Year: 2011
Downloads: 185
Quote: 0
Read: Download Dissertation

Abstract

Environmental crisis continues to expand, the traditional administrative measures to protect environmental rights of citizens lack the urgent need to play a private profit-driven mechanism. Environmental rights as a human, only to achieve specific, private rights of the rights can be achieved from the right to implement changes. Civil rights system unresolved issues specific environmental rights, ignoring the interests of environmental protection of personality, resulting in a lack of environmental tort claims based on the lack of safeguards to protect the right of appeal based. In view of this, the author proposes Environment personality right set of questions to explore the environment right into the personality right system, the necessity and feasibility, and environmental personality rights system to the specific design and environmental personality right Approaches proposed solutions. Thesis is divided into five parts, through a typical case of judicial practice leads to environmental personality rights, moral rights in specific systems on the environment are described based on the analysis, respectively, from internal factors and external conditions, two environmental moral rights perspective statutory necessity and feasibility. Then on the environment made specific personality rights system, operability design, while for the environment of the personality right after the rights given protection and relief made some recommendations. The first part of the environment through the introduction of two judicial cases of proposed environmental rights law given topic. These two cases are typical and representative: one is a classic case of environmental law \lead appeal is difficult to achieve; Another is the recent success has just filed a major impact of environmental tort cases, \Through two cases of dialysis, the author concluded that: the environment caused by the absence of male personality rights, environmental rights on private law protection is insufficient. This set of personality right to submit an environmental problem, and one of the key theoretical issues are studied. The second part of the analysis of environmental rights law given internal factors. From an ecological ethic values ??and legal basis to explore two aspects of the environment for human survival and development of personality and the importance of the environment in the current situation of the personality right given the urgency. Personality right from the environmental point of view the value of ecological ethics, the environment is the natural attributes of personality characterization, but the former environmental crisis era, the people of this natural property is not subject to imminent threat, and thus the protection of the environment do not enter personal legal norms vision. From an environmental point of view the legal basis of the right of personality, personality present, for the protection of the environment is mainly reflected on the legal interests rather than legal rights protection that is decentralized, environmental rights of citizens can not be done adequately protected. Environmental benefits already have the right personality of the condition, with the legalization of rationality, personality right system openness, personality right environment for open systems are tolerant personality rights. The third part analyzes the environmental personality right set of external factors. Due to environmental absence of personality rights system, both public and private law on the environment can not be fully realized personality rights protection. Single administrative means in solving environmental problems disadvantages, private means of solving environmental problems requires the cooperation. Private law should be adapted to the needs of problem-solving environment for change, the current system can not replace the function of personality right environment. From foreign legislation and judicial practice real personality right on the environment protection, the United States, Japan, Ukraine and other countries of the legislative, judicial practice are carried out on the environmental legal protection of personality rights, environmental statutory right of personality has become a trend. The fourth part of the right of personality on the environment specific system has been designed. Over the years, environmental tort \To do this, right of personality design of the system environment must be clear boundaries of their rights, the author determined the Environment human rights and the right to life and health of the relationship with, and that personality right environment to be followed in the judicial practice of the specific discretion standard. On this basis, the author proposes a definition of personality right environment should take additional general provisions specifically enumerated ways, Environment human rights and the environment in general provisions summarized the meaning and essence of the right of personality attributes; design of the concrete personality, for Environment human rights and the rights of the border situation is uncertain, proposed under the existing conditions of the environment into living environment personality right personality rights and developmental environment personality rights. Fifth part of the main research environment personality rights protection system. Confirm the existence of the right people in terms of rights is not enough, we must also establish specific system to protect rights. Personality right on the design of the system environment to the existing legal framework for innovation. In the substantive law, the author proposes the establishment of environmental spiritual personality right infringement damages system, environmental personality rights tort liability system and the social environment limited circulation system personality right idea. In procedural law, given the right environment, the object of public personality rights, environmental litigation natural with the public welfare, so as to better protect the environment, moral rights, can be transplanted in the practice of public interest litigation, environmental litigation to establish incentive system to stimulate spontaneous public the right to protection of the environment initiative of personality.

Related Dissertations

CLC: > Political, legal > Legal > UNIVERSITY > Natural Resources and Environmental Protection Act
© 2012 www.DissertationTopic.Net Mobile