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On Tort Liability System Of Ecological Interests Damage

Posted on:2017-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:YuanFull Text:PDF
GTID:2271330482996283Subject:Law
Abstract/Summary:PDF Full Text Request
Ecological benefit as a special social benefit is very important for human survival and development. Balancing the interests of humanity and ecological interest needs to be resolved at the developing stage of each country. In order to alleviate the conflict between humans and the natural environment, and to maintain the ecological balance of the interests of achieving human and ecological harmony and stability, the ecological benefit damages of tort liability system needs to be developed and improved. But now the ecological damages of interests of our tort liability system is not systematic and integrity, especially after the ecological damages of interests of infringement occur. The ecological benefits of the law of tort liability is no reasonable legal accountability, there is no reasonable relief mechanism in practice, even ecological benefits tort is not be punished, but also the interests of the infringer has no reasonable relief. Therefore, either in theory or in practice, improving the ecological damage to the interests of the tort liability system has practical significance. for the ecological damage the interests of the infringer’s body and the scope of responsibilities require clear and reasonable; Damages for infringement of ecological interest relief mechanism needs to be improved in order to protect the integrity and ecological damage the interests of the ecological benefits of direct victims legitimate rights and interests; The mechanism for supervision and inspection mechanism of ecological damage to the interests of the imminent establishment of such interests prevent ecological damage to the interests of infringement occurs when there is a complete protection of ecological interest. Ecological damages of interests is not only the legal requirements to improve the tort liability system, but also the requirements of social ethics, because it is not only related to the ecological benefits, but also between people benefit rational allocation requirements.Through the research on the defects of the ecological damage to the interests of the current tort liability system and the analysis of its structure, and the comparison analysis of the advantages and disadvantages of ecological damage the interests of foreign tort liability, on the basis of which, the interests of some of the proposed ecological improvement of current recommendation damage tort liability system are put forward. It is needed to improve our country’s love interest damage tort liability legislation to ensure that the ecological damage to the interests of their corresponding legal punishment when the infringement occurred. Improve the ecological damage to the interests of infringement liability relief mechanisms to protect the rights of people to appeal proceedings, the right to appeal in order to achieve the purpose of human action. Improve the ecological damage the interests of the procurator supervision mechanism to prevent ecological damage to the interests of the occurrence, in order to ensure the integrity of ecological interest.
Keywords/Search Tags:ecological benefits, ecological damage to the interests, tort liability
PDF Full Text Request
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