The Relating To Civil Law Duty Research Of Power Is Invaded By The Environment

The development of this text therefrom outer environmental protection law is reached to the comparison research of correlation duty system , ties that the difference that the nation environment invaded the relating to civil law duty of power puts up constructing the reference of principle by way of the different laws of China and foreign countries , makes every effort to to go on under the new situation of development the environmental protection and the environment to encroach on for our country the duty looks into inquires into the relating to civil law duty system of environment that the operation nature is strong and theory system is complete and principle is distinct, encroaches on and the environment invades the relating to civil law duty of power and the environment to invade that the many-sides such as relating to civil law system of job responsibility of the power degree frame constructs etc have done the corresponding inquirement to the environment , stresss the environment encroaches on and assents to nuisance and the interference is encroached on or near neighbour harms the angle firmly believes , at the same time the environment encroaches on to possess with the generally relating to civil law tort different the characteristic , therefore deals with environment when invading the relating to civil law duty of power , but should persist in interest weighing apparatus plain , individual duty and society duty combines principle and getting rid of cuts apart and dos harm to compensates and the principle of usefulness . The relating to civil law duty of environment aspect putting up to construct in our country follows principle and forms important document and relating to civil law duty method tripartite is explained , puts forward being suitable the nothing fault duty to the pollution of the environment damage reparations , and should suitably enlarge the scope of application of nothing fault duty principle and clearly and definitely stipulates exempts the duty origin of an incident. That the relating to civil law duty of power forms and persists in on the important document " three important documents " to speak is invaded that by the environment, the nature namely breaks the law , damage fact and causation, and the careful demonstration has been done .