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Analysis of environmental tort liability in the case of corporate bankruptcy

Author: PeiXingYu
Tutor: WangPing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Environmental tort liability Environmental claims Special claims
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 74
Quote: 0
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Abstract


In recent years, the rapid development of China's market economy, the social level of industrialization better year by year, increasingly severe, destruction of environmental resources. In real life, a number of companies in order to circumvent environmental responsibility, often through corporate bankruptcy liquidation to avoid environmental liability. Because of the bankruptcy law and environmental law, tort law are not bankrupt corporate environmental responsibility to make clear that the theorists are rarely involved in the field. Therefore, there is an urgent need to make up for the bankrupt company's environmental liability legislation loopholes, eliminate through bankruptcy to evade environmental responsibility. Of through the research of our reality, and the analysis of the current legislation, combined with the comparison of foreign-related system to explore issues of environmental tort liability of bankrupt companies, to provide a reference for our legislation recommended. This article is divided into three parts introduction, body and conclusion. Which body part is divided into four chapters, as follows: Chapter Enterprise Bankruptcy environment Overview of tort liability. This chapter covers the concepts and features of the Enterprise Bankruptcy environmental tort. Among them, the first part discusses the concept and nature of environmental tort liability; discussed in the second part of the meaning of the Environmental Tort corporate bankruptcy case; third part of the analysis of the characteristics of the environment infringement enterprise bankruptcy case. Environmental tort liability system in the second chapter of corporate bankruptcy case. This chapter focuses on environmental responsibility, corporate bankruptcy in corporate environmental responsibility and bankruptcy. Which the first part introduces the environment claims priority claim in the bankruptcy proceedings and foreign laws on bankruptcy priority environmental responsibility; second part, respectively, were analyzed from the point of view of environmental protection and the angle Enterprise Bankruptcy after bear environmental necessity tort liability. The third part highlights the main environmental tort liability specific commitment to corporate bankruptcy case. The third chapter investigated the environmental tort liability issues facing corporate bankruptcy case. This chapter focuses on the existing norms of corporate bankruptcy Environmental tort liability problems faced by the legal framework. Of these, the first part, respectively, from the two aspects of the legal person responsibility system and environmental tort litigation aging system introduced the legislation; second part through discussion environment against moral damage compensation confirmation and environmental tort litigation aging starting point two discusses justice issues. Chapter enterprise bankruptcy case, the perfection of the legal system of environmental responsibility. This chapter is for solutions to existing problems, and specific recommendations include: 1, to establish the main responsibility for the regime of reservations; 2, to improve the environmental infringement proceedings shall apply; 3, to establish the the environmental tort of moral damage compensation system; 4, improve litigation The aging of the starting standard.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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