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Study on the Causality of Tort Liability in the Case of Decoration Pollution

Author: ZhangShuFang
Tutor: LiuGuangHua
School: Lanzhou University
Course: Legal
Keywords: No-fault liability Causality Indoor pollution Environmental tort
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


With the acceleration of the process of China's industrial development and urbanization , the living standards of the people continues to increase. Decorate the house has become a fashion , but the attendant environmental pollution incidents , especially housing renovation within the pollution caused by events but an increasing number became a hot spot in recent years . Environmental pollution disputes to solve the increasingly urgent for environmental pollution violations complexity , a high degree of risk and causation is difficult to prove such cases often protracted , the victim's rights are not protected . The key to solve such problems and the difficulty lies in the identification of the causal relationship . In this paper, the legal analysis of the case of Ms. Liu v. Amway Corporation , a causal relationship between environmental pollution caused by infringement cases to determine issues . The article presents the theory of causality analysis doctrine at home and abroad and in our laws apply to discuss environmental law environmental tort some special rules different from the ordinary civil law , such as no-fault liability , the constituent elements of the tort liability the illegality more. principle of liability without fault and presumptive conclusions of causality that come to our country to solve environmental infringement cases . Interest in the maintenance of environmental tort victim has a very important practical significance . Chapter of this paper briefly describes the facts of the case and the trial situation . The second chapter of the case before the focus of controversy . Use of chemical knowledge to introduce pollutants on human injury , doctrine and stories at home and abroad , and further analysis of the case applicable to the Principles of Responsibility and causality finds reasonable . The third chapter is triggered by the case of the thinking and recommendations . Discuss how to prevent and reduce indoor environmental pollution on the human body injury , several legislative proposals put forward under the current legislative status quo , to further improve the legal system , in order to more environmental pollution in the interests of the victims can be an effective and timely protection . The epilogue brief statement to sum ??up the view of the full text to the end of the full text .

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