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Typed environmental tort analysis and civil remedies

Author: YangYaZuo
Tutor: ChenXingHua
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: environmental tort classification civil remedy damage compensation remove nuisance
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 98
Quote: 0
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Abstract


With the worse development of environmental issues, civil remedy systems of environmental torts and the corresponding social problems have aroused some attention from the academia, which mainly about proving of the causality of environmental torts, various causality theories’ application in our country and discussion on responsibility-imputing principle in environmental torts, especially the non-fault responsibility principle. However, research about environmental torts in perspective of classification is scarce, and due to the complexity of theories about environmental torts, the application of civil remedy systems of different kinds of environmental torts becomes difficult.On the issue, the paper analyzes and studies environmental tort classification from the following four parts.The first part defines environmental torts. Many concepts such as environmental tort, environmental infringement and nuisance are confused, which will lead the confusion of adopted remedy method. Therefore, to define the concept is necessary.The second part discusses the analytic method of classification, focusing on its necessity and feasibility on legislation and private law when environmental torts are considered. And the classification should be based on subject, infringing factor and the type of infringed right.The third part analyzes the different kinds of environmental torts, and illustrates the reason of each kind in perspective of historical development.The fourth part determines the civil remedy method according to the specific type of environmental tort. It develops mainly from the type of subject and infringed right, combining with the application of damage compensation and nuisance removal, in order to classify the known environmental tort type and perfect the according civil remedy measures.

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