论环境民事公益诉讼之民事责任承担方式.pdf

Abstract Abstract On the environment construction of the rule of law, expand the plaintiff qualification I have been bound Ancient Chinese Literature Search filed public interest litigation discussed, but due to the revision of environmental protection law and civil law, the plaintiff qualification has already made explicit regulations on the analysis of little significance, and scholars rarely study responsibility. Although the local judicial practice also has some exploration, the Supreme Court has formulated the corresponding judicial interpretation, but the definition of responsibility is still relatively vague, in practice there are many problems. To achieve the purpose of public interest litigation requires the implementation of the responsibility, so it is necessary to carry out in-depth study of the liability of environmental public interest litigation, which is of great practical significance. Environmental public interest litigation in the civil liability can be divided into four categories: the first category, preventive responsibility, including the cessation of the infringement, eliminate the obstruction and danger; second, recovery of liability, namely restitution; third, compensation liability, compensation for losses; fourth, recovery of the responsibility of personality way of apology. First of all, the overall grasp of environmental civil public interest litigation, mainly around the interests of environmental civil public interest litigation relief, its characteristics and the civil liabilit