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China’s Rural Environmental Tort Civil Relief System Probing

Author: DongZuo
Tutor: LiQingHai
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Environmental tort Civil Relief Interest Measurement Compensation mechanism
CLC: D923.1
Type: Master's thesis
Year: 2010
Downloads: 50
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Infringement of China's rural environment increasingly prominent, public relief only rely on administrative law and criminal law protection of victims is not enough, must also rely on the civil private law remedies. But the current rural environmental tort civil relief system is not perfect, many victims of the interests of residents have not been protected, so I combine the Two Schools countries rural environment infringing civil relief system, analysis of China's rural environmental tort civil relief the status quo of the system, and the current situation of China's rural environmental tort civil remedies System Analysis, designed to point out the inadequacies, to further improve and perfect our rural environment Tort Civil Remedy. In this paper, a total of five chapters. The first chapter is the introduction. The the rural environmental tort civil remedies research trends at home and abroad, purpose, meaning, the main task of the research and the expected target. The second chapter outlines the theory of rural environmental tort civil law of civil remedies based on the ecology of the civil law and civil law socialized. The third chapter outlines the theoretical and practical experience of Two Schools National Rural Environmental Tort Civil Remedy Tort Civil Remedy and rural environment, system analysis and comparison. In civil law countries, the more unique \. The reconcile and flexibility in common law countries, the United States, the main features of partial exclusion of infringement \Chapter IV discusses the status quo of the rural environmental tort civil remedies, and make the appropriate Analysis. Mainly rural environment infringing civil remedies and relief ways to make the system Comment. The fifth chapter discusses how to improve the legislative initiatives of rural environmental tort civil relief. First, the introduction of the interests of the measure principle as the basic principle of the rural environmental tort civil remedies. Second, improve the civil remedies and relief ways. Civil remedies for to exclude infringement and damages two. Reconcile section exclude infringement \relief. Through a comparative analysis of various means of civil remedies, and aims to establish a well-functioning civil relief ways. Finally able to get a better civil remedy for the victims, the victims of civil relief subsidy regime or compensation mechanisms, environmental liability insurance should be established.

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