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House Decoration Pollution Damage Compensate Research

Posted on:2008-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:L DongFull Text:PDF
GTID:2121360275457344Subject:Environmental Resource Protection Act
Abstract/Summary:PDF Full Text Request
The house decoration pollution is one kind of typical environment abuse of authority,it is because the industry activity or otherartificial reasons, sends the fresh environment medium the pollutionor the destruction,and thus creates the harm to his personal rightsand the property rights or has creates the harm risk of,legally mustundertake the civil liability behavior. The environment right infringement certainly does not equate to theviolation environment power,the environment right infringement objectis the personal rights and the property rights,not including environment power;The violation environment power refers to thedestruction environment ecology function,thus constitutes to theenvironment ecology function harm,violated the natural person toenjoy is suitable own survival and the development good environment legal right.The pollution occurs which based on the repair contract will be onekind infringes upon the right with breaks a contract dopes in together harm.The compensation right person on the harm which its receives mayto compensate the volunteer to request the damage compensate. Compensates the volunteer to be supposed to compensate the rightperson's loss to undertake the product quality responsibility or tobreak a contract the responsibility.When two kinds of responsibilities compete fashionably,the compensation right person may choose therequest power to exercise.Compensation right person's request scope universal property harm,person harm and spiritual harm.If the compensation right person chose has broken a contract the relief,will not be able to request thespirit damage compensate.In view of the fact that the present ourcountry civil right infringement damage compensate system insufficiency,suggested must consummate from four aspects:One, formulates a unified civil right infringement compensation law in thelegislation;Two is brings into line with the environmental pollution victim the society to rescue the system;Three,establishmentenvironmental pollution liability insurance system;Four,begins levying taxes the environment tax.
Keywords/Search Tags:Repairs the pollution, Environment right infringement, Environment power, Damage compensate
PDF Full Text Request
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