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Study on the Standing of the Procurate Organs in the Civil Action about the Marine Ecological Damages

Author: CaoZuo
Tutor: GuoPing
School: Dalian Maritime University
Course: Legal
Keywords: Marine ecology Marine environment Marine ecological damage Public Interest Litigation Procuratorial organs Plaintiff
CLC: D925.1;D926.3
Type: Master's thesis
Year: 2011
Downloads: 106
Quote: 0
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Abstract


Has long marine human material goods and services, human development environment. Various pollution incidents, however, causing serious damage to the marine ecology at the same time, also to humans causing huge economic losses. 90, paragraph 2, of the Marine Environmental Protection Law \Although the ordinance gives the marine environment supervision and management mechanism to lift the marine environment Compensation for Damages against plaintiff qualifications, but this Act in the marine environment is not the same as all the marine ecology of the law is not clear, so that part of the marine ecosystem \To work for the protection of the marine ecosystem in China has brought a lot of trouble. To this end an urgent need to build the protection of such damage to marine ecology \V. plaintiff qualification problems theoretical and practical aspects of marine ecological damage at home and abroad in the filed civil compensation, comprehensive research and analysis, prosecutors, administrative agencies, citizens, legal persons or other organizations at the same time as the advantages and disadvantages when plaintiff to be a comprehensive and objective In comparison, pointing out that the executive authorities at this stage division of labor is not clear self-interest of the department, but also in the process of administrative enforcement doping, leading to the administrative law enforcement opaque marine ecological damage, thus affecting the timely and effective relief; citizens, legal persons or other organizations because of their the nature of objective factors such as marine ecological damage to the plaintiffs in the civil compensation v., and then compared with the defendant (usually large corporations or organizations), bear the burden of proof, the power to sue, even in litigation confidence to be relatively weak, this unequal situation will affect the marine ecological damage to the normal conduct of the civil compensation lawsuit, may also affect the outcome of the litigation. While the the procuratorial authorities can overcome the problems faced by these two main proceedings, so it can clear our country at this stage the prosecution in such marine ecological damage to civil compensation lawsuit plaintiff status. The procuratorial organs as the plaintiff filed the marine ecosystem damage civil compensation lawsuit still do not place this lack also raised a number of reasonable proposals, its main purpose is to make our country a legal basis in the marine ecosystem damage relief, to build a perfect marine ecological damages in a civil action for damages the legal system, to play a dynamic role for the procuratorial organs, and better protection of marine ecology.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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