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On the Civil Responsibility of Environmental Torts

Author: FanJiaoHong
Tutor: HuJiaQiang
School: Ocean University of China
Course: Environmental and Resources Protection Law
Keywords: Environmental Torts Civil Responsibility No--fault Liability Causality
CLC: D922.68
Type: Master's thesis
Year: 2009
Downloads: 262
Quote: 1
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Abstract


Environmental pollution and ecological damage has become the significant problem that mankind is confronted with; meanwhile it has become great task that worldwide experts and scholars are paying close attention to. environmental problems have been solved by means of economy, politics, administration, science and technology and ethics etc. meanwhile, also begin to pay attention to the important role that legal means take in the environmental crisis gradually. The civil law has exclusive function to protect the environment. So through investigating and affixing the responsibility for environment infringement, consciousness of environment protection of enterprise can be enhanced, the common people can be educated, which promotes progress of environment protection. To strengthen research on the theory of environmental tort, and study how to make the civil law meets the needs of environmental protection has a very important meaning.Regulation on the civil responsibility of environmental tort has made great progress in recent years, but it still has defects. The lack of through research on the civil responsibility of environmental torts, and imperfect of related legislation has lead to incapable to make compensation to people who have been infringed. The purpose of this thesis is analyzing the institution of the civil responsibility of environmental torts, finding out the defects of the system of the civil responsibility of environmental torts, using the successful experience of developed countries for reference, to make perfect of the system of the civil responsibility of environmental torts of our country.This thesis comments on environmental torts, then discusses the concept of environmental tort, the civil liability of environmental tort, the requirement of environmental tort, the requirement of counterplea, the pattern of the civil responsibility of environmental torts, and the complete of the civil responsibility of environmental torts of our country. Environmental torts have the traits of inequality, difficult to make judgments of cause and value, indirect and sustaining of the infringement, latency and unrecoverable of the damage results. which lead to the exclusive property of the civil responsibility of environmental torts. The doctrine of liability fixation is no--fault liability in field of environmental civil liability. Fault and illegality are not the constitution of civil responsibility of environmental torts. The constitution of civil responsibility of environmental torts is made up of damaging action, damaging fact and causality between action and damaging fact. The liability manners of civil responsibility of environmental torts consist of compensating for damage and eliminating trespass. In order to relieve victims timely and properly and not to influence survival and development of enterprises, the system of Public compensation relief system; interest evaluation system; Environment liability insurance system; Punitive compensation system; Environment right infringement public welfare lawsuit system should be established. All this leads to the perfection of the system of the civil responsibility of environmental torts in our country.

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