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On the Basis of Governmental Litigation Right in Eco-environment Damage: Reflection and Reconstruction |
Wang Shekun1, Wu Yijiu2 |
1. School of Law, Northwest University, Xian 710127; 2. Fangda(Beijing) Partners, Beijing 100026, China |
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Abstract Accurately defining the basis of governmental litigation right is the prerequisite for the construction and improvement of ecoenvironmental damage compensation system. Taking the national ownership to natural resources as the basis of governmental litigation right gives rise to many problems in theory and practice. It is a more appropriate choice to reshape the ecoenvironment damage compensation system with the theory of national environmental obligation, which plays down rights and emphasizes obligations. The ecoenvironmental damage compensation system based on the national environmental obligations can theoretically make up for the disadvantages of the current system, and be necessary and feasible. It is conducive to clarify the positioning of the ecoenvironmental damage compensation system, optimize the ecoenvironmental damage consultation system and improve the rules of governmental claim for eco-environmental damage.
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