Analysis Of A Municipal Marine And Fishery Bureau V.Peng And Other Public Interest Litigation Cases Polluting The Marine Environment

At present,China’s marine environment is very polluted,The problem of damage to the marine environment remains unresolved.Law is a weapon for governing the country,and good law is a prerequisite for good governance.Establishing and improving the legal protection mechanism of the marine environment is the key to managing marine pollution and protecting the marine environment,and it is a fundamental solution.China’s existing legal system has not been able to effectively curb the grim situation of marine environmental pollution,Although the law provides for an environmental public interest litigation system,However,in practice,environmental public interest litigation cases did not imagine the blowout trend,especially the lack of marine environmental public interest litigation cases.A large part of the reason is that the environmental public interest litigation system is not complete,and its provisions are mostly in principle.There are also no special regulations for public interest lawsuits in the marine environment,which causes great difficulties in public interest lawsuits in the marine environment,which is not conducive to protecting the marine environment and mitigating marine pollution.In a city’s marine and fishery bureau v.Peng and other public interest litigation cases Polluting the Marine Environment,The focus of the core dispute is whether a city’s marine and fishery bureau has the qualifications of the plaintiff,whether the defendant should bear the liability for compensation,and whether the scope of damages claimed by the plaintiff is reasonable.First of all,a city’s marine and fishery bureau has the responsibility to protect the marine environment and is eligible to file environmental public interest lawsuits.Second,the defendant should be liable for compensation.The defendant’s behavior conforms to the elements of marine environmental pollution infringement: the act of polluting the marine environment was implemented,and there was a causal relationship between the act of polluting the marine environment and the consequences of damage to the marine environment,resulting in the consequences of damage to the marine environment.And the defendants constitute joint infringement,and shall bear joint and several liability.Finally,the scope of compensation claimed by the Plaintiff’s Ocean and Fisheries Bureau is reasonable.The marine environmental damage is long-term,concealed,and complicated.The scope of damage compensation should be more comprehensive and broad.It should include not only damage to the current environment,but also expected damage to the future environment.Nowadays,the protection of environmental rights and interests is becoming increasingly important,the scope of plaintiff subjects in marine environmental public interest litigation should be appropriately expanded,the plaintiff subject order should be established,and litigation incentive mechanisms should be established to increase the enthusiasm of each plaintiff subject to exercise his right of action,Promote the legalization and institutionalization of marine environmental protection.