In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessar...In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.展开更多
The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legiti...The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legitimate means damages the reputation of the civil subject, with some impact, the actor should bear civil liability. Meanwhile, there are problems in right identifying defamation, such defenses, an identification of violation of corporate reputation, the reputation of the deceased identified violations and fi＇eedom of the press, public opinion against the reputation of the finds, etc., whose solving is significant for practical guidance.展开更多
基金funded by the "Study of Legal Mechanism of Compensation Demanded by the State and International Practices in Marine Ecological Damages (Grant No.2008GXS5B100) in the Programme of national Soft Sciences Research Projects
文摘In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.
文摘The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legitimate means damages the reputation of the civil subject, with some impact, the actor should bear civil liability. Meanwhile, there are problems in right identifying defamation, such defenses, an identification of violation of corporate reputation, the reputation of the deceased identified violations and fi＇eedom of the press, public opinion against the reputation of the finds, etc., whose solving is significant for practical guidance.
