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The Legal Regulating of the Environmental Tort

Author: WangWei
Tutor: YuPeiLin
School: Liaoning Normal University
Course: Scientific socialism and international communist movement
Keywords: Environmental right Environmental tort Imputation principle The legalsystem
CLC: D922.68
Type: Master's thesis
Year: 2013
Downloads: 15
Quote: 0
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Abstract


With the human society into the era of rapid development of the industrial revolution andmachine production, environmental problems increasingly presents the trend of complexity,diversification and internationalization. Environmental hazards cause the attention of thepublic even more, such as, the gulf of Mexico oil spill in2010, the Japan Fukushima’searthquake of2011, the nuclear accident and aniline spill in Changzhi in Shanxi Province atthe end of2012. Meanwhile, the environmental torts which are companied by theenvironmental problems are increasing. The concept of environmental tort established in thecivil law in the countries all over the world in the late19th century. And it fully developed inenvironmental law in the late20th century. Environmental tort generally does great harm tothe society, whose harm is complex, indirect, participatory, potentiality and tardy etc. It hasbecome a major social problem which the world especially developing countries faces in theprocess of industrialization. It not only brings the victim of the personal and property damageto the environment infringement, but also further destroys natural resources and ecologicalbalance. What’s more, it will seriously impact human survival environment and even willaffect future generations’ long-term interests. Compared with advanced countries and people’shope for environmental protection, there is still a gap in the integrity of the environmental lawstandard system in our country and the theory, because of the limitations of legislative lag andenvironmental infringement cases on the development of increasingly complicated. In order toshorten the gap, this article centers in environmental tort law regulation in the comprehensivesystem of environmental law deals.Full text is composed of three parts, preface, text and epilogue. The text includes fiveparts.The first part: summary of environmental tort. Including the content of environmentalright and environmental tort. Front part, through describing the feature and definition of theenvironmental right, establish the status where environmental right is the object. And secondhalf focuses on the concept of environmental tort, constitutive requirements andcharacteristics.The second part: the principle of imputation of environment tort. If we want to mentionenvironment tort,we have to mention the resulting environment infringement imputationprinciple. By the concept of imputation principle, this section mainly introduces the theory ofno-fault liability principle ground origin and relief.The third point: the present situation of the environmental tort and the reason analysis.This part mainly analysis the cause of environment infringement through the primaryenvironment and secondary environment problems at present. Analysis the conditions of environment tort in aspects of social and legal system in our country, for later improvement ofthe system of environmental tort.The fourth part: A comparative study of foreign legal system of environmental tort.Contraposing five countries as the research object, analysis the characteristics ofenvironmental tort theory and system of these countries, summarize the advantages ofenvironmental law in our country and draw lessons from it.The fifth part: the Suggestions of perfecting our country’s legal system of environmentaltort. Separately from three aspects of the legislative, judicial, law enforcement, put forwardreasonable suggestions on legal system of environmental tort.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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