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On Perfection of - China's large-scale environmental tort liability system in the perspective of market share rule

Author: LiWeiZhen
Tutor: QiaoShiMing
School: Central University for Nationalities
Course: Economic Law
Keywords: mass environmental tort mass environmental tort liabilitysystem market share liability
CLC: D923
Type: Master's thesis
Year: 2013
Downloads: 39
Quote: 0
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Abstract


With the improvement of in the level of industrialization..large-scale production becomes more ane more,which cause more cases of mass environmental tort,such as songhua River pollution,ConocoPhillip oil spill.But because the lags of mass environmental tort legislation,many victims when they want to seek judicial relief have to encounter difficulties.Properly resolve of the mass environmental tort relate to the stability of society directly.Therefore, how to deal with complex mass environmental tort and perfect of Chinese mass environmental tort liability system,which is the study purpose of the authorWith the method of comparison,statistics,induction,casing and historical analysis,the author focuses the issues of mass environmental tort liability system,detailed analyses the legislative situation,issues, and solutions of Chinese mass environmental tort liability system.Finally, give solutions correspondingly to the mass environmental tort liability system problem which mentioned above.Learn market share liability in USA and perfects Chinese mass environmental tort liability system.The paper is divided into four parts follows:The chapter I,outline of mass environmental tort liability system, including the concept and characteristics of mass environmental tort, the season of mass environmental tort, imputation principles and general elements of mass environmental tort liability.The chapter II,introduce legislative situation and evaluate of Chinese mass environmental tort liability system.The chapter Ⅲ, introduce outline and application of market share liability,including origin, establishment and rules structure of market share liability.The chapter IV, the proposal which are being discussed will be learn of market share liability and perfect Chinese mass environmental tort liability, and analyzes the necessity and feasibility of establish market share liability.With the continuous development of the economic and social,we will witness more and more damage cases caused by mass environmental pollution.If we stick to the traditional causal connection between environmental tortious conducts and damages,we will not be able to adapt to the needs of reality. And the law will not be able to protect citizens’person and property,which does not meet the scientific concept of development people-oriented.Therefore, in order to adapt to the needs of the times and protect the legitimate rights of the victims,we should establish market share liability in our tort law.

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