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Research on System of Regulations about Enviornmental Tort Resposibilities

Author: YangShiCheng
Tutor: ZhangShiJun
School: Shandong University
Course: Legal
Keywords: Environmental Tort Liability Liability Principle No-fault liability Faultliability
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 114
Quote: 0
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As defined in the Environmental Tort, it is necessary to first figure out what is the "imputation". Mr. Wang Liming believes that "the imputation of meaning, refers to the behavior of people because of their behavior and object directs others to damage after the fact, should be based on what basis it is responsible for such reflects the value judgments of the law, that law should behavior of the fault or damage has occurred results for the value criterion, or criteria for judging the value of equity considerations such as, leaving the actors to take responsibility,"in Germany the Larenz think, the rule refers to" the results of the burden of behavior the victim to fill the damages suffered."Principles of tort rules, standards, or the fundamental elements of the final decision to determine the reasons for Tort Liability assumed by the perpetrator.The rules of the principle of tort law has a very important and directly related to the interests of the parties. First of all, attributable to the principle of the constituent elements of the responsibility. Attributable to different principles, civil liability for the constituent elements will be different. Second, imputation principle determine the the forensics responsibility for the content, attributable to different principles, legal requirements, the burden of proof on victims and perpetrators will be inconsistent. Finally, the imputation principle determines the scope of compensation. Attributable to the principle of environmental violations has experienced a shift from fault liability to no-fault liability. During which "objective fault","illegal fault", the "presumption of fault" advocates have been out trying to compensate for the drawbacks of fault liability. Of environmental violations generally determine the environmental tort liability without fault attributable to principle, but due to environmental tort liability type of diversity, uniqueness, no-fault liability is still inadequate environmental Imputation principle still further reflection and improved.

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