2010•Journal of China University of Geosciences(Social Sciences Edition)Requires access
Reflection and Innovation: Analysis of the Internal Demand of Environmental Tort Relief Mechanism
Chao Liu
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Abstract
China's current environmental tort relief mechanism is a special kind of tort relief mechanism.Based on this premise,we construct the theoretical system and design the system of environmental tort relief mechanism.Such a system does not meet the characteristics of environmental rights,and it can not deal with this diversity of virulence mechanism of environmental violations.Therefore,we must accordingly improve the environmental tort relief mechanism based on the analysis of its internal demand.The environmental tort relief mechanism must reflect the public welfare and social benefits.It must inherit the existing methods,and,on this basis,focus on innovation.In essence,it needs to deal with various types of rights conflicts,based on dispute settlement.