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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

legal exploration of China's environmental rights protection against environmental pollution

English Abstract

The environmental pollution problem is urgent in contemporary China. The ecological environment, public health, social stability and economic development all have been seriously influenced by continual environmental pollution incidents. This thesis analyzed and discussed the seriousness of environmental pollution and the necessity of China’s environmental rights protection based on the real situation in China and the results of questionnaire survey. The concept of “environmental rights” as a keyword against the background of environmental pollution is being heatedly discussed. “Environmental rights” is a collection of environment-related rights. The goal of these rights is for people to survive and develop in a healthy environment. The study on environmental rights is conductive to building a harmonious society, and realizing the basic human rights protection of citizens. While China's environmental rights protection is still unsatisfactory up to now, the causes can be analyzed from the political dimension, economic system, social foundation, and legal system. The legal system which will be discussed from legislation, law enforcement and judicial practice is a crucial part in this thesis. At present, the protection of environmental rights through legislation is not complete: the Constitution does not directly express the concept of environmental rights. Moreover, Environmental Protection Law and other relevant laws do not involve the clear content of environmental rights; the causes of flawed environmental enforcement are the lack of clear responsibilities among the various environmental law enforcement agencies, the low professional ability of law enforcement officers and the deficiency of relevant equipments; environmental rights in the judicial system can not get sufficient judicial relief, because the eligible plaintiff is restricted by the narrow scope stipulated in the law, 4 and the evidence rules are not sufficient. We can take several measures to improve the protection of environmental rights. The environmental rights should be clearly stipulated by legislation and we should increase the protection of environmental rights by law enforcement and judicial practice. In addition, the example of the EU will provide valuable experience for the protection work of environmental rights in China, especially the procedural environmental rights. It is time to take action to protect the environmental rights right away, the motivation of this thesis is precisely from this point.

Issue date

2015

Author

Xu, Yan

Faculty

Faculty of Law

Degree

LL.M.

Subject

Environmental law -- China

Pollution -- China

International Law -- Faculty of Law

Supervisor

Verhoeven, Sten Idris

Files In This Item

Full-text (Intranet)

Location
1/F Zone C
Library URL
991000624119706306