Dissertation > Excellent graduate degree dissertation topics show

On the intervening factors in the determination of causation on the environment impact of tort

Author: LiGang
Tutor: HuJing
School: China University of Political Science
Course: Legal
Keywords: Causality Factors involved in Environmental tort Determination of causation
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 136
Quote: 0
Read: Download Dissertation

Abstract


Tort law of causality is considered unusually complex theoretical topics, in addition to the causal relationship between all things philosophical commonly associated objective attribute, but also contains the legal interests of justice and the law balance considerations. Causality correct reasonably determines, tort liabilities and accountability is the key to pursue infringers responsibility for relief of victims of legal interests, to achieve fairness and justice is essential. Environmental tort is different from the type of the new tort tort, long-term, complex, indirect, hysteresis, technology and multiple causes such as proprietary property. Therefore, for the identification of environmental tort causation, more general tort types, is even more challenging theoretical and practical problems plagued. This paper is divided into three chapters. The first chapter is the involvement of environmental factors in tort. Factors involved in common law clearly defined the concept that the initial violation occurred, the final result of damage before the intervention which act or event, the original causal impact. If the original causality is interrupted, the intervention time is converted as an alternative factor factors. Infringement in the environment, in the initial environmental violations occurred, pending the outcome of the final damage, including third-party factors, natural factors involved in the initial violations, victims and why what the causal role of a direct impact on tort attribution of conduct and remedies for infringement of legal interests. Definition of the concept for the subsequent exploration of theoretical analysis and practical operation is essential chapter on intervention factors, environmental factors as well as the involvement of infringement of alternative environmental tort factors definition, and the main factors involved in advocating expanded to include victims intervention behavior. The second chapter is involved in the environmental factors that affect the determination of causation infringement legal basis. The world's two principal legal systems of the factors involved in tort law doctrine and legislation, as well as the factors involved in determination of causation on the environment impact of tort are rather learn the value and inspiration. In this chapter, the author briefly describes the civil law \and weaknesses of the factors involved in the case for the existence of a causal relationship between environmental tort recognized standards provide a legal basis and support. The third chapter is involved in the environmental factors that influence infringement determination of causation. This chapter first proposed the involvement of environmental factors that affect the determination of causation tort applicable standards, that \judgment, apply other criteria. Thereafter, according to the specific circumstances of discriminant analysis, from a third person, the victim, and natural factors factors involved in these three areas starting on factors involved in determination of causation for environmental tort to analyze the impact and concluded that the initial infringement and intervention factor in the final result of damage causes identified and accountability identified. Conclusion, this paper reiterates the main factors involved in expanding the range of perspectives and environmental factors involved in determination of causation tort applicable standards. And in accordance with applicable standards summarize three kinds of factors involved in the type of environmental impact of infringement determination of causation, and concluded that the results of the damage legal reasons, the factors that determine whether intervention into alternative factors, and ultimately determine the final outcome of a causal relationship between damage factors for the relief of victims pursue infringers and to draw a conclusion.

Related Dissertations

  1. The Research on Issues on Identifying Environmental Tort Causations,D923
  2. The Study on the Nonfeasance Dereliction of Duty,D924.393
  3. Shanghai and Shenzhen stock markets empirical research,F224
  4. Empirical Analysis on the Relationship Between Financial Development and Economic Growth of Shandong Province,F127;F224
  5. Study on the Divorce Proceedings Involved with Domestic Violence,D923.9
  6. On the Victim’s Falut in Criminal Law,D925.2
  7. Study on the Burden of Proof of Medical Damage in Our Country,D923
  8. Environmental Regulation on the international competitiveness of China's textile industry impact analysis and policy research,F224
  9. Offenses of causation study specifically identified problems,D914
  10. Innovation-driven industrialization model of voluntary standards,F224
  11. Inbound tourism consumption and Shandong Economic Growth An Empirical Study,F127;F224
  12. Environmental Liability and Relief of Research,D922.68
  13. Relationship of the exchange rate and stock prices,F832.51;F224
  14. Methodology Study on Prediction and Determinants of Total Health Expenditures in China,R197.1
  15. The System Position of the Objective Imputation Theory,D914
  16. Introductory Research on the Causal Relationship of Crime of Malfeasance,D914
  17. On the Principle of Causation Presumption Within Public Hazards,D924.3
  18. The Research of Basic Issues in Crime of Unlawful Medical Practice,D924.3
  19. Medical damage responsibility causality research,D923
  20. A Study of Legal Problems on Warning Defect,D923.8
  21. On System of Compensation of Damage in Environmental Tort in China,D923

CLC: > Political, legal > Legal > UNIVERSITY > China and France
© 2012 www.DissertationTopic.Net  Mobile