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On the Remedy System of the Environmental Tort

Author: XuWeiBin
Tutor: LiuYunSheng
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Environmental tort Damage Responsibility
CLC: D912.6
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 0
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Environmental tort refers to a special cause environmental pollution, ecological damage due to human activities, resulting in damage to the property of another or the health aspects of the infringement. With the development of modern industrial civilization, the environmental tort occurred, the damage is often huge. Traditional tort theory of damages by the negligence liability, personal liability limitations, it is difficult to reasonably fill environmental tort damages. Due to a number of environmental incidents that occurred in China in recent years, scholars fill the responsibility for environmental tort extensive discussion. Environmental tort symbiosis with modern civilization, we can not completely predict and prevent environmental infringement hinder the development and progress of modern civilization, it is impossible to put an end to the environmental tort. However, our law must advance with the times, to balance the interests of all parties. How in the protection to have the Environmental Tort dangerous development of the industry at the same time, to protect the interests of the potential environmental tort victims, this article was originally formed. The author analyzes the relevant features of the environment infringement: and victimization behavior has more than the high-tech nature and the complexity of the composition, in most cases the offender can not afford all environmental infringement liability, the indirect harm behavior and the complexity of the causal relationship. On this basis, pointed out that the traditional fault-based concept of punitive liability has been unable to adapt to this particular infringement, and further demonstrated that the Environmental Tort fill the need for responsibility. Subjective fault of the author in the analysis of the current situation of China's Environmental Liability in the system on the basis of the principle of attribution environmental tort thinking, to submit an environmental tort \responsibility constituent elements. That the constituent elements of the Environmental Tort liability should include objective polluting behavior, and there is no damage results, a causal relationship between behavior and damage results. By drawing on foreign legal conception of Environmental Tort fill the security system, I put forward the people of tort liability system of self-protection, environmental tort liability insurance system, environmental the infringement damage compensation liability administrative compensation system and environmental tort social compensation system and the system conceived to achieve environmental tort victim protection, restoration of contaminated environments.

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