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Rural environment tort administrative remedies

Author: LuoYunFei
Tutor: ZhangHongXiao;ZhaoMeiZhen
School: Nanjing Forestry University
Course: Rural and Regional Development
Keywords: Rural environment tort Administrative remedy
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 22
Quote: 0
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Nowadays, enviroment pollution and eco-system destruction is the threating problem for human being’s living and development. In order to protect enrivoment and realize the sustanable developement, govenments from all over the world and peole from different working field did their effort on this issue. Lawyers from all over the world did research and study on how to settle the enviroment probem and did great contribution on solve this probem efffectively.The necessity and possibility of administrative relieves for rural environmental tort lies in these characteristics of public welfare of the privatization of rights of rural environmental and the essence of public power of administration. Compared to legal relieves with complicated procedures and high-cost but limited resources, rural administrative relieves can take advantage of its high-efficiency, profession and economy. Therefore, rural environmental relieves mechanism is conducive to practice。However, the current laws in china just exert some simple rules to rural environmental relieves mechanism lack of systematicness and feasibility. To some extent, the standstill legislation stands in the way to handle some environmental civil disputes. It is necessary to further make specialized, intact and independent law with regard to handle environmental disputes. The legislative gap in rural environmental relieves mechanism should be narrowed in short-term. Based on the learning of rural environmental relieves mechanism from other countries, we should put forward some resolutions suitable for Chinese national condition. Consequently, the current study to administrative relieves of environmental infringement play an important and realistic role.With the emerging issues of rural environmental tort, this article, from the sustainable development perspective, use systematic method, comparative method, historical study method, sociology method as well as illustration method to analyze the concepts, features and relieves of rural environmental tort deeply and further elaborate the theoretical foundation and essence of environmental tort.Comprehensively compared of the theory and legislative practice of environmental tort and administrative relieves from Japan and Taiwan, and integrated with the current situation and flaw of administrative relieves, china should set up proper principles of legislation of administrative relieves, amend the content of No.41 rules in the new law on the protection of environment, establish Chinese Environment Disputes handling Act and set up Chinese administrative relieves mechanism which can improve Chinese administrative relieves mechanism.

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