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Research On The Claimant Body System Of Compensation For Ecological Environment Damage

Posted on:2020-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LingFull Text:PDF
GTID:2381330590463459Subject:Law
Abstract/Summary:PDF Full Text Request
The research on the legal issues of the main body of claim for compensation for ecological environmental damage started late in China.The reform of the compensation system for ecological environmental damage introduced in recent years has given provincial and municipal governments the right to appeal for artificially polluted environment and damage to ecological environment caused by ecological behavior.In the absence of the upper-level law,the current system has not yet reached the level of systemization.During the period of institutional reform,the environmental damage claim in the judicial process is disorderly,and the single claimant is easy to breed administrative issues.This article is a comprehensive demonstration of the research on the subject system of the claim for compensation for ecological environmental damage.It sorts out and analyzes the current situation and the existing deficiencies of the main body of the claim for compensation for ecological environmental damage,and conceives the path of institutional perfection.This article is based on combing the relevant legal issues of the State Council authorized provincial and municipal governments to make claims for ecological environmental damage.First,it clarifies the meaning of ecological environmental damage,distinguishes between personal damage and property damage caused by ordinary environmental infringement,and conducts provincial and municipal governments.The rationality and feasibility of the claim for ecological environmental damage are analyzed.To sort out the main body of the claim for compensation for ecological environmental damages stipulated by the current legal system,and to discuss the problems existing provincial and municipal governments in the trial of ecological environmental damage compensation in combination with the cases that have already occurred in the pilot provinces and cities.In order to inductively study the main body of compensation claims for some extraterritorial ecological environmental damages,on this basis,we should discuss how China should ensure the effective implementation of ecological environmental damage claims by provincial and municipal governments,better relieve the damage of ecologicalenvironment,and build a more complete ecology.The main body of the claim for environmental damages.The analysis shows that a superior method should be formulated to make up for the urgent lack of entity and procedure in the current compensation system for ecological environmental damage,and to coordinate the relationship between environmental public interest litigation and ecological environmental damage compensation litigation that together constitute the compensation system for ecological environmental damage.The construction of a complete claim for the claim for damages to the ecological environment damages,the national claims priority,the environmental protection social organization as a supplement,the procuratorate to lubricate.Not only that,but also the administrative agency as the main body of the claim,while giving full play to its administrative supervision duties,the procuratorial organs and the public also play an important role in the process of claiming the main body of the claim for compensation for ecological environmental damages.
Keywords/Search Tags:Ecological environment damage, Claimant body, Damages
PDF Full Text Request
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