我国环境侵权救济程序问题研究
发布时间：2018-08-27 14:38
【摘要】： 我国环境保护工作已开展多年,环境法规范体系日臻完善,实践中存在的环境问题却愈演愈烈,对于其中的原因莫衷一是。研究的结果竟是貌似完备庞大的环境法体系本身存在的许多法理问题才是产生这一矛盾现象的症结,其中环境侵权救济途径的不通畅直接妨害了环境权的实现。本文的逻辑展开是以描述我国环境侵权救济途径程序阻却的现状为开始,提出其中存在的救济途径与范围上的法理混乱、立法层面的缺陷、现实中的冲突、未确立公益诉讼的缺陷以及环境诉讼证明责任分配原则的争议与误读等问题,考察并分析了产生各种程序问题的原因,认为行政行为对环境公权的保护与环境私权的民事救济存在着法理轮廓不清晰、宪法未予确认公民环境权、行政行为与民事救济无法相互配合、公益诉讼理念难以撼动既定思维以及没有准确认知环境诉讼证明责任范围的特殊性是造成上述问题的原因。在这一基础上,笔者从我国宪法应当明确公民环境权,承认环境权的双重权利属性、建立并完善环境公益诉讼制度、正确把握环境诉讼证明责任分配原则并在条件允许的情况下依托现有的民事诉讼程序建立环境诉讼特别程序等多个角度对环境侵权救济程序进行完善和展望,在扬弃的基础上修正我国现存的环境侵权救济制度,对环境保护的司法实践提供必要的、清晰的规范指引。
[Abstract]:The environmental protection work in China has been carried out for many years, and the standard system of environmental law is becoming more and more perfect, but the environmental problems in practice are becoming more and more serious. The result of the study is that many legal problems existing in the seemingly complete and huge environmental law system are the crux of this contradiction, in which the unsmooth way of relief of environmental tort directly hinders the realization of environmental rights. The logical development of this paper begins with the description of the current situation of procedural obstruction in the relief of environmental tort in China, and puts forward the confusion of legal principles, the defects in legislation, and the conflicts in reality, which exist in the relief channels and scope. The defects of public interest litigation and the dispute and misreading of the principle of burden of proof in environmental litigation have not been established, and the causes of various procedural problems have been investigated and analyzed. It is concluded that the protection of environmental public rights by administrative acts and the civil relief of environmental private rights are not clear in legal terms, the Constitution does not confirm the environmental rights of citizens, and the administrative acts and civil remedies cannot cooperate with each other. The reasons for the above problems are that the concept of public interest litigation is difficult to shake the established thinking and that the particularity of the scope of the burden of proof in environmental litigation is not accurately recognized. On this basis, the author should make clear the citizen's environmental right, recognize the dual right attribute of the environmental right, and establish and perfect the environmental public interest litigation system from the point of our country's constitution. Correctly grasp the principle of distribution of burden of proof in environmental litigation, and rely on the existing civil procedure to establish special procedure of environmental litigation, and so on, to perfect and prospect the relief procedure of environmental tort. On the basis of sublation, the existing environmental tort relief system in China is amended to provide necessary and clear normative guidance for the judicial practice of environmental protection.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
本文编号：2207585
[Abstract]:The environmental protection work in China has been carried out for many years, and the standard system of environmental law is becoming more and more perfect, but the environmental problems in practice are becoming more and more serious. The result of the study is that many legal problems existing in the seemingly complete and huge environmental law system are the crux of this contradiction, in which the unsmooth way of relief of environmental tort directly hinders the realization of environmental rights. The logical development of this paper begins with the description of the current situation of procedural obstruction in the relief of environmental tort in China, and puts forward the confusion of legal principles, the defects in legislation, and the conflicts in reality, which exist in the relief channels and scope. The defects of public interest litigation and the dispute and misreading of the principle of burden of proof in environmental litigation have not been established, and the causes of various procedural problems have been investigated and analyzed. It is concluded that the protection of environmental public rights by administrative acts and the civil relief of environmental private rights are not clear in legal terms, the Constitution does not confirm the environmental rights of citizens, and the administrative acts and civil remedies cannot cooperate with each other. The reasons for the above problems are that the concept of public interest litigation is difficult to shake the established thinking and that the particularity of the scope of the burden of proof in environmental litigation is not accurately recognized. On this basis, the author should make clear the citizen's environmental right, recognize the dual right attribute of the environmental right, and establish and perfect the environmental public interest litigation system from the point of our country's constitution. Correctly grasp the principle of distribution of burden of proof in environmental litigation, and rely on the existing civil procedure to establish special procedure of environmental litigation, and so on, to perfect and prospect the relief procedure of environmental tort. On the basis of sublation, the existing environmental tort relief system in China is amended to provide necessary and clear normative guidance for the judicial practice of environmental protection.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 赵丽;我国农村环境侵权救济法律问题研究[D];山西财经大学;2011年
，本文编号：2207585
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