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Study on Civil Liability System in Environmental Tort in China

Author: LuoDanQing
Tutor: YangFenMi
School: Xi'an University of Architecture and Technology
Course: Environment and Resources Protection Law
Keywords: environmental tort civil liability ontological problems perfection
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 174
Quote: 0
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Abstract


Be compare with the tradition civil tort, the environmental tort make a sensationon account of incidence rate higher, harm serious, impact scope widely. In the past, theresearch of the environment tort civil responsibility system, Chinese jurisprudentialcircle of science of environment law mostly from the Legislation Theory to improvethe environment tort civil responsibility system. Making a general survey of ourlegislation, the environment legislation particularly, come out first in the examinationswith large quantity and the fastest developing in all legislation. But the problem ofenvironment trend to severe more and more in china without any change from thelegislation. Currently, it is not lack the laws, but the condition which let the law workwith standard。In view of, the research direction of the article should be from thelegislation theory to interpretative theory, in other words, under the law now in forceincluding <<Tort Liability Law>>, the research subject to help the right to privacy asstarting point and ending, stand interpretative theory ground, insist on and use the waywith interpretative theory of civil law. Jurisdiction clause via explanation careful, try tolet some standpoint be make as the law which should be it have. Realizing theunification of the law between maintain and justice。Finally, wish for finding out theeffective way to fill the lost by the tort.First, the article defines the concept apart from environmental right,environmental tort and the environment tort civil responsibility and analyzes thecharacteristic of the environment tort civil responsibility. Then it strengthensdefinitiveness of the environment tort civil responsibility system. Secondly, to combinethe existing legal rules, analysis deeply the essence of the environment tort civilresponsibility system from four areas including doctrine of liability fixation,constitutive requirements, undertake responsibility, Reasons Of counterplea. Next, thorough generalization analysis three parts including Formal rules, Informalinstitution, execution mechanism, to evaluate the environment tort civil responsibilitysystem, thereby, we could Know that the environment tort civil responsibility systemmore perfect in Formal rules, but more deficit in Informal institution and executionmechanism. Then, meeting point as the environment tort civil responsibility system ofUSA, Germany and Japan, make a concrete analysis of tort rule out and liability fordamages rules, hereby form the reference and revelation. Finally, base on nationalenvironment tort civil responsibility system, from interpretative theory, try to commentthe reasonable structure of the environment tort civil responsibility system by threepoints such as legislation, civil proceedings and concrete socialization system.

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