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Research On The System Of Environmental Tort Of Rare Earch Resources Exploitation In Ganzhou

Posted on:2017-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:J ZengFull Text:PDF
GTID:2310330488977913Subject:Law
Abstract/Summary:PDF Full Text Request
As the utilization of the rare earth is more and more indepensable,Our country amplify the exploit scale of the rare earth resource. As a representive city in the south which is rich in such resouces like rare earth,Ganzhou has been a important supply city to China and the whole world.But what should be given more attention to is that the excessive and plan-less excavation of the rare earth resource has lead to the storage of the rare earth reduce to the verge of exhausted level,which cause great damage to the fragile condition of those city like Ganzhou as well as great harm to the personal right and health right of thelocal people.The conflicts between the rapid development of rare earth industry and the deteriorating environment raise the problem of source-environment up to the public hoizon.Therefore the relief for the local people who suffered from the deteriorating environment has draw high attention of many field in our society.The environment-infringement means a special infringement to the property rights or health rights of citizens cause by the environment pollution and ecological damage brought by anthropogenic actvities.As the environment-infringement become amore and more widespread phenomenon in our society,the relevant environment-responsibility draw more and more attention now. The environment-responsibility means responsibility citizens or legal person should undertake for their causing damage to the personal or property rights to the sufferer by polluted and damaged environment,it's the most effective manner to the relief for the sufferers suffered by environment-infringement.The environment-infringement is a new style of infringement in our country, which has it's special characteristics when compared with traditional infringement.It is those characteristics that determine the many difference between the environment-infringement and traditional infringement.The regime of the environment-infringement civil liability is on the stage of research and development,which means there are still lots of problem in the theory or reality aspects need to be settled. The author develop the research on this topic,aimed at contribute as much power as possibole to the perfection of the regime of the environment-infringement civil liability.The text is divided into four parts. The first part is abut the basic categories of environmental infringement liability, mainly illustrates the concept and characteristics of three basic theoretical questions:environmental infringement liability, environment infringement relief. The second chapter analyzes the condition of environmental infringement in Ganzhou,starting from the analyzes of the development condition of the rare earth resource in Ganzhou, starting from the development Ganzhou rare earth resources, to the environment infringement problems about Ganzhou's rare earth resources, mainly caused by environmental pollution and ecological destruction. The third chapter analysis the present situation of the environment infringement relief about Ganzhou. The author analyses the relief of existing situation, analyzed the Ganzhou remedy defects of rare earth resources development in the region. The fourth chapter is about how to perfection the regime of the environment-infringement civil liability of Ganzhou's rare earth resource development. The author put forward some suggestions of the effective manner in aspects of legislation, judiciary and social relief.
Keywords/Search Tags:the rare earth resource, the environment-infringement, relief
PDF Full Text Request
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