본문 바로가기
HOME> 논문 > 논문 검색상세

논문 상세정보

중국법연구 , 2018년, pp.371 - 397  
본 등재정보는 저널의 등재정보를 참고하여 보여주는 베타서비스로 정확한 논문의 등재여부는 등재기관에 확인하시기 바랍니다.

??察机?提起?境公益???生??境?害??制度的?接 - 基于司法??的分析 -
On the Connection between Environmental Public Interest Litigation by Procuratorial Organs and Environmental Damage Compensation System - An Analysis Based on Judicial Practice -

匡 俊 
  • 초록

    As for the ecological environment damage, the victim's self-relief can not be realized. The intervention of state power is necessary. In our country, the administrative organ, as the representative of public power, mainly solves the problem through administrative law enforcement. As far as the traditional administrative means are concerned, the relief provided for ecological environment damage has certain limitations. Due to the deficiency of administrative law enforcement, judicial relief has become the inevitable choice of ecological environment damage relief, thus forming a “double track” protection mode of administrative law enforcement and judicial relief in ecological damage compensation relief. The system of compensation for environmental damage and the environmental public interest litigation system by procuratorial organs also represent the development direction of the two track system. The environmental civil public interest litigation and the system of compensation for the damage to the ecological environment are highly applicable to the scope of application, and thus bring about the problems of prosecution rank and res judicata, and the role of procuratorial organs in bringing environmental administrative public interest litigation is not clear in this field. In order to give full play to the advantages of their respective systems, it is very important for procuratorial organs to link environmental public interest litigation with ecological damage compensation system effectively. In the process of linking up, we should adhere to the principle of administrative power leading and judicial relief supplementary. We should not only give full play to the professional advantages of administrative power, but also avoid the shortcomings of judicial supervision. In the specific system design, based on the advantages of administrative consultation on ecological environment damage, we should establish the priority of administrative consultation on ecological environment damage in accordance with both ecological environment damage compensation and environmental public interest litigation. When the administrative organ fails to fulfill its claim responsibility for ecological environment damage, which results in damage to the national and public interests, the procuratorial organ shall give priority to supervising the administrative organ to fulfill its claim responsibility for ecological environment damage through administrative public interest litigation. In the same case, if there are not only ecological environment damage compensation litigation initiated by administrative organs, but also environmental civil public interest litigation initiated by social organizations, the two systems should be established.


 활용도 분석

  • 상세보기

    amChart 영역
  • 원문보기

    amChart 영역

원문보기

무료다운로드
  • 원문이 없습니다.
유료다운로드
  • 원문이 없습니다.

유료 다운로드의 경우 해당 사이트의 정책에 따라 신규 회원가입, 로그인, 유료 구매 등이 필요할 수 있습니다. 해당 사이트에서 발생하는 귀하의 모든 정보활동은 NDSL의 서비스 정책과 무관합니다.

원문복사신청을 하시면, 일부 해외 인쇄학술지의 경우 외국학술지지원센터(FRIC)에서
무료 원문복사 서비스를 제공합니다.