Governmental claims system for marine ecological damage in China

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 con...

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Main Authors: Lei Yang, Hao Liang, Yu-jing Li
Format: Article
Language:English
Published: Frontiers Media S.A. 2025-07-01
Series:Frontiers in Marine Science
Subjects:
Online Access:https://www.frontiersin.org/articles/10.3389/fmars.2025.1612246/full
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author Lei Yang
Hao Liang
Yu-jing Li
author_facet Lei Yang
Hao Liang
Yu-jing Li
author_sort Lei Yang
collection DOAJ
description 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.
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spelling doaj-art-73f92adb8e9d4fd5a0c3dfca8bbaaa782025-07-02T04:14:27ZengFrontiers Media S.A.Frontiers in Marine Science2296-77452025-07-011210.3389/fmars.2025.16122461612246Governmental claims system for marine ecological damage in ChinaLei Yang0Hao Liang1Yu-jing Li2School of Marxism, Shandong Jianzhu University, Jinan, ChinaNetwork Technology Department, Jinan Municipal Digital Application Center of Ecology and Environment, Jinan, ChinaShandong Government Affairs Department, Beijing Tianrongxin Network Security Technology Co., Ltd, Beijing, ChinaThe 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.https://www.frontiersin.org/articles/10.3389/fmars.2025.1612246/fullmarine ecological environmentmarine ecological damage claimagreement on consultationmarine ecological environment administrative law enforcementChina
spellingShingle Lei Yang
Hao Liang
Yu-jing Li
Governmental claims system for marine ecological damage in China
Frontiers in Marine Science
marine ecological environment
marine ecological damage claim
agreement on consultation
marine ecological environment administrative law enforcement
China
title Governmental claims system for marine ecological damage in China
title_full Governmental claims system for marine ecological damage in China
title_fullStr Governmental claims system for marine ecological damage in China
title_full_unstemmed Governmental claims system for marine ecological damage in China
title_short Governmental claims system for marine ecological damage in China
title_sort governmental claims system for marine ecological damage in china
topic marine ecological environment
marine ecological damage claim
agreement on consultation
marine ecological environment administrative law enforcement
China
url https://www.frontiersin.org/articles/10.3389/fmars.2025.1612246/full
work_keys_str_mv AT leiyang governmentalclaimssystemformarineecologicaldamageinchina
AT haoliang governmentalclaimssystemformarineecologicaldamageinchina
AT yujingli governmentalclaimssystemformarineecologicaldamageinchina