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The imputation principle study of the environmental tort

Author: RongHua
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Environment Tort Imputation Principle No-Fault Liability Environmental Rights Sustainable Development
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 97
Quote: 0
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Abstract

With the rapid development of Industrial Revolution and the mass production, the environment question presents the international and complex tendency, the phenomenon which the people’s related rights encounter the environmental pollution behavior violation is also much serious and frequent, environmental awareness of people unceasingly is also strengthening. However, it is solving the environment right infringement and the corresponding civil liability and the relief measure which created by the environmental pollution and the ecology destruction that becomes a big social problem. We already entered a fast development time to its research. But the principle of imputation for environmental tort is a core of the environment right infringement relief legal regime.Therefore, after the preliminary analysis on the environmental tort, the article emphatically researches the imputation system of the environment right infringement. After the deep and wide inquisition the fault responsibility and the no-fault liability concept meaning, the paper believes that supports environment right infringement fault liability and the no-fault responsibility theory concept system is one dual imputation system which constituted by the fault and the non-fault responsibility. It has certain rationality and the necessity that the dual liability system of environment right infringement used universally by various countries, and reflects the intrinsic development request of the responsibility principle system of environment tort.Simultaneously, the paper also analyzes the responsibility system of environment tort of our nation, through special legislation anglicizing on the provision and the related environment tort; we know the responsibility system of environment tort also is dual responsibility system concluding the fault responsibility and the non-fault responsibility. But our country’s responsibility system of environment right infringement still has flaws. On the base of analyzing the flaws of one principle and dual principle of responsibility system, we adopt some correlation theories and the legislation from other nations. We suggest and wish to establish a responsibility system which concludes the dual responsibility system primarily, and put forward the proposals to the necessary system construction related to the responsibility principle of environment tort for our nation.

The imputation principle study of the environmental tort

Abstract

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