环境侵权救济中的经济保障制度研究
发布时间：2018-11-26 14:23
【摘要】： 环境侵权救济的经济保障制度,是指当污染项目有导致环境损害发生的可能时,环境利害关系人有权通过法定程序要求污染项目的业主提供经济上的保障措施,以保证日后遭受确切环境损害时能够获得及时充分的救济。经济保障措施的形式多种多样,包括环境损害救济准备金、第三方财务保证、物权担保、环境责任保险、环境基金等。 经济保障制度作为保障公众环境权得以实现的有效形式和必然要求,是解决环境侵权救济不足的关键环节,是贯彻环境法预防为主原则、污染者付费原则的重要体现和应有措施,是提高公众参与环境保护水平的有效途径。经济保障制度在发达国家已经得到普遍运用,但其在我国的建设基本上还处于空白期,不仅作为经济保障制度重要组成部分的赔偿准备金、物权担保、财务保证等鲜有提及,就连学界普遍关注的环境责任保险、环境基金也缺乏足够的立法支撑。 文章以对环境侵权相关基本法学范畴的研究为逻辑起点,深度剖析了环境侵权、环境侵权救济、环境侵权救济的经济保障制度之内涵,重点研究了经济保障制度存在的现实与理论根据、国际和国内实践,紧紧围绕经济保障制度的模式选择、切入点、可诉性、实体性要件、经济保障的止度等重点问题,提出了建立我国环境侵权救济经济保障制度的立法建议。
[Abstract]:The economic security system for relief of environmental tort refers to the right of environmental stakeholders to require owners of polluting projects to provide economic safeguards through legal procedures when pollution projects are likely to cause environmental damage. In order to ensure that the exact environmental damage in the future will be able to receive timely and adequate relief. There are many forms of economic security measures, including environmental damage relief reserve, third party financial guarantee, real right guarantee, environmental liability insurance, environmental fund and so on. As an effective form and necessary requirement for the realization of public environmental rights, the economic security system is the key link to solve the shortage of environmental tort relief and the principle of environmental law prevention. The important embodiment and proper measures of polluter pays principle is an effective way to improve the level of public participation in environmental protection. The economic security system has been widely used in developed countries, but its construction in our country is basically still in a blank period, not only as an important part of the economic security system compensation reserve, security of interest, financial guarantee and other rarely mentioned. Even the environmental liability insurance that the academic circles are generally concerned about, the environmental fund also lacks sufficient legislative support. Based on the research on the basic legal category of environmental tort, this paper analyzes the connotation of the economic security system of environmental tort and environmental tort relief. Focusing on the reality and theoretical basis of the existence of economic security system, international and domestic practice, focusing on the choice of economic security system model, breakthrough point, justiciability, substantive requirements, the degree of economic security and other key issues. The legislative suggestion of establishing the economic security system of environmental tort relief in China is put forward.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2358804
[Abstract]:The economic security system for relief of environmental tort refers to the right of environmental stakeholders to require owners of polluting projects to provide economic safeguards through legal procedures when pollution projects are likely to cause environmental damage. In order to ensure that the exact environmental damage in the future will be able to receive timely and adequate relief. There are many forms of economic security measures, including environmental damage relief reserve, third party financial guarantee, real right guarantee, environmental liability insurance, environmental fund and so on. As an effective form and necessary requirement for the realization of public environmental rights, the economic security system is the key link to solve the shortage of environmental tort relief and the principle of environmental law prevention. The important embodiment and proper measures of polluter pays principle is an effective way to improve the level of public participation in environmental protection. The economic security system has been widely used in developed countries, but its construction in our country is basically still in a blank period, not only as an important part of the economic security system compensation reserve, security of interest, financial guarantee and other rarely mentioned. Even the environmental liability insurance that the academic circles are generally concerned about, the environmental fund also lacks sufficient legislative support. Based on the research on the basic legal category of environmental tort, this paper analyzes the connotation of the economic security system of environmental tort and environmental tort relief. Focusing on the reality and theoretical basis of the existence of economic security system, international and domestic practice, focusing on the choice of economic security system model, breakthrough point, justiciability, substantive requirements, the degree of economic security and other key issues. The legislative suggestion of establishing the economic security system of environmental tort relief in China is put forward.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 王宗梅;环境侵权民事救济研究[D];山东经济学院;2011年
，本文编号：2358804
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