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Research on the Socialization of Damage Compensation in Environmental Torts

Author: DongHaiNing
Tutor: LiGuangLu
School: Shandong University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Environmental Tort Damage Compensation Socialization
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 253
Quote: 0
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Abstract


The environmentl tort is a special tort, which the actors’activities result in environmental pollution and ecological destruction, causing danger or damage to others’personal rights, property rights, and environmental rights. At present, the institution of indemnity about the environmental tort faces the same dilemma that how to make a selection between "giving a timely and effective relief to the victims" and "protecting the sustainable development of enterprises".On the basis of analyzing the institution of indemnity about the environmental tort in our country and surveying the foreign experience, this paper proposes and designs the way of institution of indemnity about the environmental tort socialization from the starting point of balancing the interests of the enterprises and victims.This paper contains the following contents:the introduction illustrates the sense of choosing this topic, research states, research methods, structure, the innovation and limitation of the paper. Chapter one points out that the shortage of the institution of indemnity about the environmental tort at present from the particularity of environmental tort, so as to analyze the problems about the implication and position of institution of indemnity about the environmental tort socialization. Chapter two states the theoretical basis of the institution of indemnity about the environmental tort socialization, which is jurisprudence basis and sociology basis with the former containing the establishment of fairness and justice development, the balance of benefits theory and no-fault liability, the later containing the development of liability insurance and the establishment of associative responsibility thought. Chapter three introduces in detail the experience of institution of indemnity about the environmental tort socialization, and then makes a comparison and research. At last the author finds the experience which is suitable for our country’s institution method and design. Chapter four analyses in detail the institution design of indemnity about the environmental tort in our country, which is environmental liability insurance and environmental tort compensation for damage funds.

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