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Study on the System of Compensation for Damage of Environmental Tort in China

Author: ZhangWeiJing
Tutor: GaoGuiLin
School: Capital University of Economics
Course: Legal
Keywords: Environmental tort Compensation for environmental tortResearch on the system Proposals to perfect the system
CLC: D923
Type: Master's thesis
Year: 2014
Downloads: 11
Quote: 0
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Abstract


In recent years, environmental torts in China are getting increasingly severe, while theexisting compensation system for its damage can barely remedy the rights nor prevent thetort. The frequent occurrence of modern environmental tort affects widely and its harm isserious, and also it has complicated relations, the compensation system for damage ofenvironment tort in our country’s existing tort theory has exposed many problems, it isdifficult to relief to the victims of environmental tort timely and effective, and also cannotprevent the occurrence of environmental tort.The report of the18th Congress of Communist Party of China (CPC) stresses theimportance of ecological civilization construction, and for the first time proposes to“strengthen environmental monitoring and improve the system of accountability forecological and environmental protection and the system of compensation forenvironmental damage”, which suggests that CPC and Chinese government attach greatsignificance to the environmental issues. How to improve China’s system of compensationfor environmental damage has risen onto an urgent matter to be solved.In this thesis, the author firstly briefs the environmental tort and its compensationsystem form the theoretic perspective, elaborates the concepts’ contents and characteristic;then introduces the present actuality of related legislation and legal enforcements, whiledigs into their causes; afterwards conducts comparative study to three typical nations, theUSA, German and Japan, to analyze their advanced legal practices, and finally carries outsuggestions to ameliorate the corresponding legal system in China, including: establishpunitive compensation system, broaden the scope of damage compensation, set up aspecial environmental tort forensic institution, extend the statute of limitations forenvironmental damage, establish a sound mechanism for environmental public interestlitigation infringement, improve the social compensation system.

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CLC: > Political, legal > Legal > Chinese law > China and France
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