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Legal remedy of ecological damage to the environment

Author: YinHaiPing
Tutor: WangRong
School: China University of Political Science
Course: Environment and Resources Protection Law
Keywords: Ecological damage to the environment Legal remedies Legal interest Environmental Public Interest Litigation
CLC: D922.6
Type: Master's thesis
Year: 2009
Downloads: 199
Quote: 1
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Abstract


Ecological damage to the environment, based on the ecological environment as the \In view of the ecological environment is a public good, inseparable, non-exclusive, and the integrity of the ecological damage to the environment is essentially a public interest that the public interests of the ecological environment damage. Legal remedy on the basis of not only stems from the right, can also be derived from the \Theory of legal interest, for the relief of the ecological damage to the environment provides the basis of jurisprudence. In addition, the basic principles of environmental law - the principle of burden of damage to the environment \Combined with China's current legal system and judicial practice, you can find the relief of the ecological damage to the environment there are many deficiencies. First, the lack of environmental administrative means relief, manifested in the relief is not comprehensive enough, public participation has been missing seven; environmental tort legal system of private interest can not be public interests of the ecological environment into the relief areas at the same time, \Accordingly, on the basis of learning from the U.S., EU and Russia on the legislative practice of eco-environmental damage, the basic idea of ??the ecological damage to the environment of legal remedies. First, the coordinated development of the concept of the public interests of the ecological environment and the private interests established in the legislative purpose and design of the system of environmental law, and establish the basic framework of the eco-environmental damage relief in the analysis of the inherent defects of the existing system and the relative lack of on the basis of; two is to assume liability for damage to the ecological environment, the unlawful act, with damage to the fact that elements of causality, the perpetrator shall be liable for restitution, compensation for loss of responsibility; three relief main to give the government priority subject qualification, given the level of relief of the citizens, legal persons and other organizations subject qualification; expand the remedies, the establishment of environmental public interest litigation, and establish the administrative authority as the leading citizens the main supplementary appeal allocation model, and the introduction of the complaint before the relief system, correctly handle the complaint competing merger; five perfect relief the way, to restitution, damages, supplemented; Finally, according to the principle of efficiency, the purpose of the principles and the principle of fairness reasonable choice Relief The way to achieve relief to the efficiency, and fairness.

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