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The Legal Remedy For The Damage To The Ownership Of Natural Resources Of The State

Posted on:2019-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhengFull Text:PDF
GTID:2370330548991489Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the popularization of ecological sustainable development,the contradiction between human and nature are easing,but because of China's big population base,the contradiction between human and ecosystem still exist,which are caused by resource utilization,natural resources is the main source of conflict of interest.Natural resources,as an important part of natural species,have economic and ecological value.The concept of "green development" proposed by the 19th century has a great impact on the improvement of China's environmental protection and damage relief system,and the private remedy of ecological damage of natural resources needs to be complementing.In view of the defects of all the national systems of natural resources in our country,the state has the identity of both the manager and the owner,aiming at the weakness of the existing natural resources damage relief,the confusion of the administrative system,and the single means of government control.Based on the weak civil relief system,it is suggested to standardize the main body of national natural resources management right,reasonably determine the ownership of natural resources,and straighten out the administrative system of natural resources in China.Construct the national natural resources damage civil relief system.Private law remedy for ecological damage of natural resources has been widely supported in other countries.At present,the remedy of natural resources damage in our country is mainly by administrative means,lacking in private law relief.The existing laws of our country have not clearly defined the ecological damage of natural resources and its compensation scope,the subject of compensation rights,and so on,which is not conducive to the effective protection of natural resources.In view of the present administrative nature resources infringement remedy in our country,in the private law system,we should make clear the compensation scope of natural resources ecological damage,compensate the subject of right,perfect the remedy system of tort damage compensation.Pay attention to the role of Preventive liability in preventing Ecological damage of Natural Resources The ecological value of natural resources damage should be filled and the liability system of natural resources damage should be established.
Keywords/Search Tags:Natural resources, tort, Ecological compensation, jurisprudence
PDF Full Text Request
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