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Study On The Implementation Mechanism Of Ecological Environmental Restorative Judgment

Posted on:2021-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z R LiFull Text:PDF
GTID:2381330605474338Subject:Law
Abstract/Summary:PDF Full Text Request
The execution of the ecological environment restoration judgment is unique compared with the enforcement of private civil cases.It mainly presents four aspects:public interest for enforcement purposes,high professional requirements for execution,long execution cycle and wide area.It is difficult to achieve the goal of protecting environmental public interests by adopting the relevant regulations implemented in current ordinary private benefit cases,and it is also unable to solve the problems in the implementation.Therefore,the implementation of the ecological environment restoration referee needs to set up a specialized and targeted enforcement mechanism for specific difficulties.The key to constructing a specialized enforcement mechanism is:First,the introduction of "third-party supervision" as the mode of initiation of implementation to ensure that the enforcement process is initiated in a timely and professional manner to avoid environmental pollution and ecology caused by the defendant's failure to perform or actively perform the repair responsibility.The destruction further expanded the situation.Secondly,with regard to the implementation of the monetary payment judgment,it is necessary to unify the supervision body of the ecological environment restoration fund and clarify the relevant provisions on the use of funds to ensure the effectiveness of the implementation of the ecological environment restoration fund.At the same time,for the execution of the restoration behavior judgement,the focus is on the detailed implementation of the ecological environment restoration plan to enhance the operability of the ecological environment restoration.Finally,the establishment of a diversified supervision system in the implementation process,so that the implementation of the ecological environment restoration referees in place.
Keywords/Search Tags:ecological environment restoration, repair funds, judgment enforcement, environmental civil public interest litigation
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