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On the State Liability System in Environmental Tort

Author: ZuoKai
Tutor: WuWeiXing
School: Nanjing University
Course: Environment and Resources Protection Law
Keywords: State compensation liability Minamata disease jurisprudence Montes disease precedents Responsibility for national infrastructure State tort liability National complementary responsibilities
CLC: D912.6
Type: Master's thesis
Year: 2011
Downloads: 177
Quote: 1
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Abstract


Environmental Tort fill has always been the responsibility of the perpetrators for the victims, however, this responsibility model is too monotonous, often perpetrators compensation alone are not enough victims to obtain timely and effective relief. For this problem, the current legislation and judicial practice, still no breakthrough. Minamata disease in Japan jurisprudence montes disease jurisprudence appeared relief mode, harm businesses and administrative organs of shared responsibility by the state to bear part of the tort liability for damages fill. This responsibility model of environmental tort damages remedy, it is a valid path, it is worth learning. This paper focuses on the burden-sharing mode and discusses. Environmental tort the victimizer responsibility and national shared responsibility, the perpetrators of the Environmental Liability in no doubt, therefore, the key is to determine State responsibility in the environmental tort. State responsibility in this article refers to fill the responsibility for damage, and that responsibility is summed up as a national compensation responsibility. National compensation responsibility here is different from the usual sense of national compensation, but the concept of \not get relief through both the necessary relief and have a \This means of typed analysis conducted on Minamata disease in Japan jurisprudence, and montes disease Case, from both practical and theoretical aspects of public nuisance cases in Japan victimizer and the executive responsibility sharing, introduced initially deny public nuisance cases in national compensation responsibility of existence, to the introduction of not truly joint and several liability of national responsibility borne, re-development to try to confirm the national final responsibility shared rather widely subject to criticism, has been to the latest Japanese highest hospital on Minamata disease of Final Appeal judgment clear the country The responsibility of the internal assume such a clear development process. The article focuses on the idea of ??countries in our general environment tort liability system. Here, the executive authorities assumed national compensation responsibility \These three levels of responsibility exist independently of each other: the first layer of the basic responsibilities of the original objective of national responsibility, not the fault of the State, no-fault or illegality of the conditions, it is based on national principles of environmental responsibility filled limited damage given by the state environmental tort victim, there is no exemption case, a fixed limit its scope, the State to recover the infringer; responsibility of second layer \when the responsibility belongs to the the environmental tort executive compensation to environmental administration exists not as a tort or environmental administrative as infringement attributable to the general State liability; the third layer supplementary obligation is a very state status of the victims the rights of the people, it is not automatically given, but only the last of available means of relief, environmental tort victims in some legitimate unexpected factors may be required to bear the \national application and paid by the country as a place of national payment retained a right of recourse against the perpetrators. The responsibility of this three-tiered integrated together to form a complete national compensation responsibility envisaged, and thus combined with the incentives and tort liability, together constitute the the environmental tort victimizer and the executive shared responsibility model.

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