ORIGINAL RESEARCH article
Front. Mar. Sci.
Sec. Marine Pollution
Volume 12 - 2025 | doi: 10.3389/fmars.2025.1612246
This article is part of the Research TopicAdvances in Marine Environmental Protection: Challenges, Solutions and Perspectives Volume IIView all 15 articles
Governmental Claims System for Marine Ecological Damage in China
Provisionally accepted
- 1School of Marxism, Shandong Jianzhu University, Jinan, China
- 2Jinan Municipal Digital Application Center of Ecology and Environment, Jinan, Shandong Province, China
- 3Beijing Tianrongxin Network Security Technology Co., Ltd, Beijing, China
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The governmental claims system designed to address damage to China's marine ecological environment faces several significant challenges. These challenges include ambiguities in the legal attributes of the system, disputes over the identity and role of claimants, the sequencing and interaction of consultation processes, the enforcement of environmental laws, the conditions and scope of the right to claim, and the legitimacy of consultative agreements. Such theoretical and practical disputes have hindered the effectiveness of the system.To enhance this system, it is crucial to establish a robust theoretical foundation for claims based on public law principles. Additionally, it is essential to explore the development of a centralized mechanism for managing claims related to marine ecological damage, particularly through administrative bodies responsible for marine ecological supervision. It is also critical to clarify the conditions under which claims can be initiated and to refine the procedural framework governing consultations. Furthermore, it is vital to strengthen the synergy between administrative law enforcement and consultation processes, while simultaneously fostering international cooperation in the marine ecosystem governance. The thesis delves into the nature of claim litigation as a distinct category of public interest litigation and elucidates the relationship with other types of legal proceedings.
Keywords: Marine ecological environment, Marine ecological damage claim, Agreement on Consultation, Marine ecological environment administrative law enforcement, China
Received: 15 Apr 2025; Accepted: 05 Jun 2025.
Copyright: © 2025 Yang, Liang and Li. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
* Correspondence: Lei Yang, School of Marxism, Shandong Jianzhu University, Jinan, China
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