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The Comparative Study On Relevant Institution In Civil Liability Of Environmental Tort Between China And Japan

Posted on:2005-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:X T ChenFull Text:PDF
GTID:2156360125953538Subject:Environment and Resources Protection Law
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With the development of science and technology, population increases sharply.The scales of industry and metropolis enlarge accordingly. Due to excessive demanding of natural resources, the serious environmental problem appears, including environment pollution and ecology destroy. When emphasizing on the behalf of suffer, the problem of environmental tort is sticking out. There are six parts in this thesis, which are preface, the history and development of environmental tort law, the criterion of liability, cause and effect relationship theory, the way to remedies and conclusion. In the first question, above all, introduce the history of Japanese environmental tort law. Second, describe our history of environmental tort law. Third, make a comparative analysis between them and discuss the result. Then, conclude the definition and characteristics of environmental tort. In the second, third, and fourth problem, the author respectively introduce the present situation of Japanese relevant institution, and of Chinese relevant institution, make a comparative analysis between China and Japan, then draw a conclusion and give some useful suggestions. The target is to draw lessons from Japanese advanced experience and to make law transplant and innovation across comparing with the Japanese environmental tort law. The forthcoming acute symptom on our environmental tort law should be eliminated.Environmental tort is one of specific torts, which not only causes environmental pollution and damage to ecosystems, but also causes personal injury, loss of property and damage to environmental rights. There are many characteristics in environmental tort, such as accumulated, potential, complicated, expanded, etc. It has had a big influence on civil rights systems.In recent years, China has already had a great success on environmental tort law. The system of environmental tort law has formed already. The criterion of liability without negligence is established. The presumption of causation has been used in its causal relationship in order to reduce the burden of suffer. The range and amount of damages are enlarging. But it still exists some problems to be solved. For example, some relevant clauses didn't consist with each other between Environment Protection Law and General Rules in Civil Law. While Japan express the outlaw isn't in theprerequisite of environmental tort. The spirit damages couldn't be realized on the environmental tort. The society guarantee system of environmental tort doesn't perfect. The theory of cause and effect hasn't matured yet, etc. The author will state her views on the problems in the relevant part as possible as she can.
Keywords/Search Tags:Environmental Right, Environmental Torts, Civil Liability
PDF Full Text Request
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