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A Study Of Substitution Compensation For Damage Of Environmental Tort

Posted on:2005-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2156360122995042Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The quantity of environmental tort is increasing in the modem society .New as it is in China, there exist a lot of defects in our compensation system of damage. It is necessary for a rational system of compensation for damage of environmental tort that gives consideration to both infringers and victim. The first, the victim can gain real and prompt compensation; the second ,the infringers undertake the rational responsibility for damage, which will conform to the principle of "3P".The Substitution Compensation for Damage of Environmental Tort (abbreviated to SCDET) is one of the special compensation for damage , it is the breakthrough of traditional liability for damage .Formerly we exaggerated the effect of environmental tort in the pollution accidents ,and neglected the effect of SCDET(such as environmental liability insurance and environmental social security) . We should make environmental torts to be combined with environmental liability insurance and environmental social security now, and establish a comprehensive system of compensation for damage of environmental tort.Of course, The comprehensive system of compensation for damage of environmental tort will form the giant challenge and conflict for tort law. And, the relationship and coordination of three organizations determine the reliability of system. Basing on extensively investigate law of damage of Anglo-American law system and civil law system, the writer put forward a new ways of compensation.The system meantime meets the need of infringers, and protects their legitimate rights. So, it finds the equality interest between infringers with victim.As compared with foreign legislations in this aspect, SCDET is not clearly and definitely in Chinese law, and less scholars made studies on this area. Based on the following research methods, such as historical analysis.The thesis aims at illustrating the main connotation of SCDET, and defining the operation and legal liabilities of SCDET, so as to put forward relevant legal reflection on the establishment of system of SCDET in China . I hope that the system effectly guard against environmental torts and safeguard infringers' the legitimate rights.
Keywords/Search Tags:Environmental Tort, Environmental Liability Insurance, Environmental Social Security, Operation
PDF Full Text Request
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