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On Environmental Joint Torts

Author: YuanMingSong
Tutor: ChenHanGuang；HanGuang
School: Hunan Normal University
Course: Legal Theory
Keywords: Infringement Contributory infringement Environmental contributory infringement Research
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 231
Quote: 4
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Abstract

Environmental contributory infringement as a special joint infringement , is a modern industrial society, a relatively common nuisance phenomenon . Regrettably, however , the environment in terms of legislation on joint tort theory, or they did not get the attention it deserves . In judicial practice, are directly applicable provisions of contributory infringement to deal with environmental contributory infringement cases , theoretical studies have mostly flow in the right joint tort theory is simple transplant , the lack of environmental law, the law of the unique deep concern . Practice has proved that the practice of ignoring the specificity of environmental law is not a reasonable solution to environmental problems contributory infringement , therefore, how closely the characteristics to study environmental law, environmental standards and joint tort judgments on issues such as accountability has important theoretical and practical significance. This paper is divided into four parts on the environment in several major contributory infringement problem is studied . The first chapter defines the connotation of joint tort environment and discusses its characteristics, is behind the study provides a theoretical background . The second chapter analyzes the current research on the nature of the doctrine of contributory infringement views and national practices start, in close connection with the current legislation, policies and laws of the unique environmental law , presented by subjective form, objective form , and the result of a common risk associated with common forms of these three an organic part of the amendment , said the association is the common nature of the environment ideal for contributory infringement . Chapter previous chapter on the environment is essentially defined contributory infringement , based on the environment into common contributory infringement intentionally environments contributory infringement , the results can not be separated environments contributory infringement and common forms of environmental hazards joint infringement and contributory infringement of various environmental elements , responsibility principle and the burden of proof were analyzed. Chapter jointly and severally liable for contributory infringement environment were studied and noted with joint and several liability led to the division of environmental responsibility to supplement joint tort liability assumed trends.

On Environmental Joint Torts

Abstract

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