我国公共健康的环境法治研究

发布时间：2018-07-17 04:23

【摘要】：随着社会经济和科技的发展以及人类生活方式的变化,人类在利用环境的同时,也给环境造成了污染和破坏。被污染和破坏了的环境,又反过来危害了人们的公共健康。环境问题已经成为影响公共健康的重要因素。但是,我国的环境健康工作起步较晚,公共健康的环境法制度还不健全。因此,笔者将分析我国公共健康的现状及其与环境法制的关系,从而提出完善我国有关公共健康的环境法治的建议。对于环境立法,可以引入健康与疾病的相关因素,在环境标准上注重对人的关怀而进行制订。对于环境执法,明确划分各部门的权责,增加资金投入来保证环境执法的独立性,注重对环境执法人员专业素质的提高以利于法律的公平、公正,同时也要严格执法加强对排污企业的惩罚力度。对于环境行政监督,建议在法律上将环境与健康列入监督标准,并规定具体的实施细则,在人力、财力、物力上保证监督主体的独立性,建立机制鼓励公众积极参与环境行政监督以发掘其在保护环境及维护公共健康方面的优势。最后,建议从环境健康损害赔偿责任构成要件及认定方法、环境健康损害赔偿责任判定相关机构的设立、诉讼中环境健康损害赔偿责任判定程序、环境污染致公共健康损害赔偿救济制度等方面来构建保障公共健康的环境损害赔偿责任体系。
[Abstract]:With the development of social economy and science and technology as well as the change of human life style, mankind not only uses the environment, but also pollutes and destroys the environment. The polluted and damaged environment, in turn, endangers people's public health. Environmental problems have become an important factor affecting public health. However, the environmental health work of our country starts late, and the environmental law system of public health is not perfect. Therefore, the author will analyze the current situation of public health in China and its relationship with the environmental legal system, and put forward some suggestions on how to improve the environmental rule of law in China. For environmental legislation, we can introduce the related factors of health and disease, and lay stress on the care of human beings in environmental standards. With regard to environmental law enforcement, we should clearly divide the powers and responsibilities of various departments, increase capital input to ensure the independence of environmental law enforcement, and pay attention to improving the professional quality of environmental law enforcement personnel so as to benefit the fairness and impartiality of the law. At the same time, we should also strictly enforce the law to strengthen the punishment of sewage enterprises. With regard to environmental administrative supervision, it is recommended that environmental and health be included in the supervisory standards in law, and that specific implementation rules be formulated to ensure the independence of the subject of supervision in terms of human, financial and material resources. Establish a mechanism to encourage the public to actively participate in environmental administrative supervision in order to explore its advantages in protecting the environment and maintaining public health. Finally, it is suggested that the constitution of liability for environmental health damage and its determination methods, the establishment of relevant agencies for determining liability for environmental health damage, and the procedure for determining liability for environmental health damage in litigation. The system of compensation and relief for public health damage caused by environmental pollution is used to construct the liability system of environmental damage compensation for public health.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：X321

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