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On Legal System Of Environmental Information Disclosure

Posted on:2011-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:G M WangFull Text:PDF
GTID:2191360338985987Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The existing legislations have not expressly formulated the citizens' environmental right,but there are some legal rights relating to the citizens environment and some relief measures defined in different laws in China. It is a basic premise for citizens to efficiently protect their environmental right that environmental right and its content, and necessary means and measures of relief are clearly defined.Meanwhile, many lawsuits relating to environmental right and interests in our country have clearly proved that the environmental violations were usually implemented by strong parties and injured parties are very difficult to put to proofs and gain the environmental tort litigation.In author's opinion, the essential key, which really unscrambles problems how to effectively protect and implement citizens'environmental right, is to build and perfect the environmental information disclosure system, and practically resolve the difficulties that victims face to when they need put to environmental violations proofs in tort litigations,based on explicit citizens'environmental right and its content, relief means and measures by the legislative form. By investigating specific measures such as the basic principles,classification standard, opening procedures, legal responsibilities, environmental right remedies, and the like, the essay puts forward some ways to perfect our legal system of environmental information disclosure on condition the above-mentioned basic cognition, on the breakthrough point of probing into environmental information disclosure system, and by inspecting and comparing theories and legislations about the system at home and abroad.This essay is composed of five parts.First to environmental information openness system at home and abroad are reviewed in this paper,Illustrates the environment information disclosure and civil environment right protection the relationship between. Body part consists of four elements;The first part is the environment information related to clarify the introduction to the theory of environmental information environment, the environment,the connotation of information disclosure, Environmental information system'connotation.characteristic and classification.The second part is the legal system for environmental disclosure theoretical basis, focuses on the analysis;The third part of the domestic and international environmental information system, the legislative status of the review analyzed and compared. Fourth part is the legal system of environmental information disclosure in China's path of building design and improvement measures,is also the conclusion of this article.As the breakthrough point for the legal system of environmental information disclosure to resolve the difficult problem of protecting citizens'environmental right, by researching the basis and basic legal system of environmental information disclosure, the essay studies related institutional construction of environmental information disclosure system from different links to open environmental information, and tries to construct our environmental information disclosure system, as the classification of environmental information in thought which can be directly used as a relief evidence in environmental tort suits.This heuristic method is innovative.But because of author's poor foreign language proficiency and inadequate foreign research data, this essay is deficient in the systematicness and profundity of foreign research on environmental information disclosure systems.
Keywords/Search Tags:Environmental, Environmental Information, Environmental Right, Environmental Information Disclosure
PDF Full Text Request
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