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A Discussion On The Civil Relief System Of The Environmental Tort

Posted on:2007-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y H NaFull Text:PDF
GTID:2166360185955169Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the development of social economy and the progress of science and technology ,the environmental pollution and the ecological destruction become the serious social and economic problems that various countries face and they become the focal point that the international society attends to. To adapt to this , the environmental tort relief arises at the historic moment in.order to protect the right of the subject, maintain the ecological balance, realize the human society's sustainable development,. Just like the west law proverb:"The right that there is no relief namely non- right" , " there is a right there is a safeguard, there is the harm there is the relief", it is the base stone which fair human idea depends on . from the view of the right relief,there is no relief there is no right. So the demands to provide relief for the victims in the law ,prevent and overcome and reduce the risk of harm occurring. In the legal systems,the relief system is the bottom line of the justice , and the efficient science relief system can truly achieve the fairness and justice in the law. Therefore, there must be a right of relief, only if the perfect relief system exists, can the man realize his rights. Today is so. The civil relief is the important way that the subject of rights seeks the relief in the environmental tort relief, the civil law is the fundamental law that maintains rights and reflects the essential value of the law in the function which protects the rights of man .So the civil law takes the important role in maintaining the subject rights, it must make the contribution to the new tort way . Therefore, how the civil law does break through the traditional tort relief idea and the relief pattern ,it will become the problem which is going to be showed urgently in the civil relief field of environmental tort. This article based on the environmental tort civil relief theory and the system discussion ,define the environmental rights meaning, the environmental tort characteristics, the difference between the environmental tort and the traditional tort and its just and lawful value, then defined the importance of the environmental tort civil relief theory and the system in the entire environmental tort relief .The article elaborated the environmental tort civil relief on the basis of the jurisprudence , civil law socialization and correlate problems , analyzed the economic root that environmental tort emerged , pointed out the environment resources has the economical and common attributes. Reference from the environmental tort civil relief theory of the countries of the English and America legal system and the mainland legal system such as Germany, Japan, the article proposed the conception on how to construct the civil relief system on environmental tort in our country.
Keywords/Search Tags:Environmental right, Environmental tort, Civil relief system
PDF Full Text Request
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