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Infringement of Civil Remedy Water Pollution Research

Author: YangHuan
Tutor: WeiShengLi
School: Nanchang University
Course: Legal
Keywords: Environmental Rights Water Pollution infringement Damages remedy Environmental civil liability Environmental Court Forensic environmental pollution Public Interest Litigation Social compensation mechanism Environmental Information Disclosure
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 110
Quote: 0
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As China's economic and social development , and continuously improve the level of industrialization , the growing phenomenon of water pollution , the consequent infringement disputes and environmental destruction has become a major social problem. As a special kind of tort , the existing water pollution tort civil remedy system and judicial practice has been seriously behind the times , difficult to protect the rights of the victims to get adequate relief , water pollution caused by ecological damages and compensation is more difficult to achieve. Review of Water Pollution Tort Civil Remedy , there is general imperfect legislation and accountability , procedural safeguards , social compensation , damage assessment system is not perfect and other deficiencies . Based on China's national conditions , drawing on the useful experience of developed countries , China should improve water pollution tort civil remedy system , the main way is to establish the right of citizens of the environment , the establishment of special legislation , a sound compensation system and evaluation system , build social compensation mechanism, and explore the establishment of environmental public civil litigation system , the establishment of mechanisms for watershed and environmental court jurisdiction , perfect litigants , the statute of limitations and other procedural safeguards system, developing pollution forensic institutions , to create an enabling environment for the transfer of contaminated evidence information disclosure system , and so on. Specific legislation is a prerequisite, other related Perfection should be the law in the Department of unified guidance system provides for judicial practice . The law will take civil and administrative convergence, integration of physical and procedural provisions of the legislative mode.

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