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The Improvement Of The System Of Prevention Of Noise Pollution

Posted on:2018-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:J F YangFull Text:PDF
GTID:2321330536475754Subject:Law
Abstract/Summary:PDF Full Text Request
Although the prevention and control of environmental noise pollution in our country started earlier,but noise pollution situation is still not optimistic.The reason exists in many aspects.In legislation,although our country's environmental legislation system has been formed,but the legal content is not perfect.For example,although the provisions of the public participation in environmental protection law of the system,the way of public participation,program,such as rights are not mentioned.Although the provision in the law on the prevention and control of noise pollution construction need to work at night,must notice nearby residents,but has not said if infringe on the rights of residents should be how to compensation.In law enforcement,there are multiple management,the phenomenon of mutual shuffle.Public security,traffic,railway,civil aviation and other departments have the right to supervision noise pollution,but there are no rules in the presence of authority cross the solution,not a unified coordination mechanism.In judicial,civil use law to protect their environmental rights and interests of enthusiasm is not high.One of the reasons of judicial authority and credibility is not recognized by the public.Therefore,we should speed up the legislation and perfect legal system of environmental management,to clear environment law enforcement authority,the strict environmental protection responsibility and improve the judicial credibility.In terms of legislation,we need to further define the nature of “noise pollution”concept.In the next place,for the sake of laying a foundation for public participation.,we need to give citizens' environment right.Once more,continuously improving the system of noise pollution prevention and control management system,defining the legal liability noise pollution tort are also important.In the terms of law enforcement,we should not only improve the professional ethics quality of law enforcement,but also improve law enforcement personnel's professional skills,promote the diversification of law enforcement.In the terms of justice,in order to protect the rights and interests of victims,we also must improve the allocation of burden of proof and establish clear compensationsystem.On the one hand,it reflected the "polluter pays" principle.On the other hand,it also balances the interests of both parties...
Keywords/Search Tags:noise pollution, environmental tort, public participation, information disclosure
PDF Full Text Request
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