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China’s Environmental Infringement of Private Relief Legal Research

Author: ChenZhiYuan
Tutor: ZhangLinHong
School: Guizhou University
Course: Legal
Keywords: Environmental Rights Environmental infringement Private relief Legal regulation Improve the law
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 170
Quote: 2
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Abstract

As we all known,with the increasing development in dustrial economy,environmental issues are being gradually highlighted.Environmental violations,as a special kind of infringement relations,have their own identity.We are facing with the growing problems of pollution and environmental violations.In the event of environment violations,how to provide effective relief for the injured which has been become a problem that we have to face.We can learn from many of the advanced foreign practices.At present,there is a particular reference of the private relief of environmenta violations,because it is more favorable for the protection of ordinary victims.This paper there is three parts,the preamble,body and conclusion.And the body there is three chapters on China’s environmental tort of private relief of the legal issues discussed.Text of the first chapter discusses China’s environmental tort of private relief status quo. In this part of the environment to explain the concept of the right,followed infringing on the environment of the private relief also be defined.And then from a non-procedural way to solve environmental disputes,and other environmental violations in five areas of private relief characteristics described.Clear violations of the environment in the private sector of the concept and characteristics of relief on the basis that the specific environment of China’s infringement of the privacy of the status of the relief several characteristics,In a clear infringement of the environment of the private relief on the basis of concepts and features, analysis of China’s environmental infringement of the privacy of the status and types of relief. At present,China’s environmental infringement of private relief into a standardized environment infringement of private relief(defined laws of the private relief),the loss of environmental infringement of private relief(illegal relief),quasi-regulated environment of the infringement of private relief(no clear legal Provisions to civil informal norms as the basis for relief) three categories. Text of the second chapter,mainly on China’s environmental tort of private relief theoretical analysis.In the first quarter,from the rational aspects of analysis.First of all,my private relief of the deep-rooted.China since ancient times,the traditional belief is that "burnout v.",it is generally through private relief force to resolve disputes,the realization of their rights.In the face of environmental violations do so too.Then,the author mainly from justice,efficiency,the order of these three aspects of environmental tort private relief existence value.In sectionⅡ,from the environmental violations of private relief on the legal basis to be addressed.Established rights are intended to make the protection,the protection of the legitimate rights of Italy.With the right environment is the progress of social civilization and human dignity and freedom of the growing importance of the right type and content and to expand access to and improve the system of civilization,whether it is from a legal point of the protection of human rights or the environment and the right attributes of the legal point of view,the legal right to the environment is a relief feasibility and possibility.In the rule of law,the principle of prohibition of abuse of rights infringement on the environment of the private legal relief sure.ChapterⅢof the body,mainly on Claina’s environmental tort of private relief law issues. In the existing social conditions,the environmental violations of private relief the existence of reasonable and inevitable,we should look squarely at its existence,but anything is its dual nature,we have only to the environment infringement of private relief should be placed on the legal track for the operation to enable it to the non-reflects its intrinsic value.So then how can we Juefang uninhibited environment infringement of private relief into the legal system? Articles from legal requirement of the private environmental tort relief must follow certain "degree" at the request of the exposition.Environmental infringement of private relief from the existing legal system deficiencies,only to the existing legal system is perfect,"plugging" move.China should be legislation,law enforcement together through in a series of reform, environmental conflict resolution in the "embryonic stage," stopping of private relief acts, this is the ease environmental tort of private relief the fundamental move.

China’s Environmental Infringement of Private Relief Legal Research

Abstract

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