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Research On Remedy Mechanism Of Atmospheric Pollution Environmental Tort

Posted on:2020-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:C L YuFull Text:PDF
GTID:2381330572987941Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,along with our country economy level of development and social improvement of living standards,emissions,industrial emissions of life show explosive growth,the country's atmospheric environment under the great pressure,floating in the air particle pollution on people's normal production,life and other social activities caused great obstacles.The frequent occurrence of air pollution is not only influenced by natural environmental factors such as climatic conditions,but also related to the increasingly intensive production and living emissions of human beings.In recent years,the state has made a series of amendments to the constitution,basic laws on environmental protection and relevant laws and regulations on the prevention and control of air pollution,and achieved certain results in the control of air pollution.However,air pollution still exists in China.To truly get rid of the "trouble" caused by air pollution,we have a long way to go.Atmospheric pollution phenomenon of frequent economic and social development of our country and the citizens'personal safety have caused a huge threat,atmospheric environmental pollution tort as a unique way of tort,has its unique characteristics such as universality,complexity and rapid progress in the prevention and control of atmospheric pollution in our country at the same time,pay attention to air pollution environment tort relief mechanism of perfect work comes to promote the construction of ecological civilization under the rule of law should be a priority,we should reflect on the current atmospheric pollution environment tort relief mechanism in the operation process of the existing problems and the environmental tort relief air pollution around the world experience at the same time,Based on the reality in our country national condition,changing the concept of legislation,perfecting the relevant laws,to carry out the legal responsibility,perfect and improve the atmospheric pollution in our country environment tort relief mechanism,the natural ecology to ensure synchronization with the economic and social harmonious development at the same time,can better solve our country litigation difficulties existing in the current atmospheric pollution environmental tort relief,relief strength,poor claims and other issues.The first part of this paper summarizes the connotation and characteristics of air pollution environmental tort,analyzes the legal significance of air pollution environmental tort relief,and introduces the basic content of China's current air pollution environmental tort relief by sorting out the content of China's current legal system.The second part of this paper summarizes the air pollution tort relief mechanism in China in legislation,litigation mechanism,social relief mechanism and other aspects of the defects and causes,in order to be able to avoid in the future legal practice;The third part of this paper mainly summarizes the practical experience of-the relief system for air pollution infringement outside China,and summarizes its beneficial enlightenment,in order to seek for the advanced experience to adapt to the current situation in China and integrate it into the relief mechanism for air pollution infringement in China.In this paper,the fourth part on the basis of the former three parts,to our country in the improvement of the atmospheric pollution environment tort relief mechanism level put forward the countermeasures and Suggestions is not mature,the writer specifically include the concept of environmental right safeguard institutionalization,improving the atmosphere environmental pollution tort suit,diversified construction measures such as relief mechanism,in order to improve the current atmospheric pollution environment tort relief mechanism of-defects and deficiencies,so that they can better protect the legitimate rights and interests of citizens,promoting the construction of ecological civilization in the implementation of the rapid development of economic,social,at the same time,to be able to build a natural ecological more beautiful China.
Keywords/Search Tags:Environmental right, Air pollution, Environmental infringement, Relief mechanism
PDF Full Text Request
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