The Theory Of The Public Interest Litigation of Marine Pollution Damage
The ocean is the common wealth of mankind. Pollution of the marine environment not only endangers the interests of specific persons, but also threatens sustainable development of the mankind. At present, Chinas pollution compensation cases concerned of personal property damage and injury are difficult to meet the claim because the eligibility of the attendant is difficult to prove. Administration means on relief are unable to fully protect the marine environment because of the constraints such as the limited enforcement tools, challenges of attendants eligibility and the voluntary of litigation. So it is necessary to establish public interest litigation system in the field of marine environmental pollution damages. By expanding the scope of attendants and endowing the rights on sea pollution damage cases of filing public interest litigation to the authorities like public Interest Litigation country inspection bodies, public interest groups, other social organizations and individual citizens. On the regard of model design of public interest litigation of marine pollution damages, we should draw the lessons from the advanced experience of the West, establishing pre-litigation procedure and specific litigation with convergence of relevant systems of maritime law and on the analysis of features between administrative proceedings and civil actions.
public interest litigation system for marine pollution damage qualification of attendants scope of the object model design
Weiguo Li
Dalian Maritime University
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
730-741
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）