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A Study Of Civil Responsibility Of Environmental Torts

Posted on:2007-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WuFull Text:PDF
GTID:2166360212973509Subject:Legal theory
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Since the 20th century, environment pollution and ecological destruction have become more and more serious as one of significant global problems in the whole world. At the same time environmental cases are increasing, environmental contradictions are gradually acute. Environmental torts are produced and become one of new types of torts with the development of modern industrialization. When the environment torts happened, the liability manners of civil responsibility of environmental torts consist of compensating for damage and eliminating trespass. It is now an important task to explore in legislative and judicial field in many countries. The features of environmental torts include the large number of victims, the long sluggishness, the difficulty to revival. Once it had happened, the danger results are more serious than the normal torts. It is not enough renew the destructive loss only respond to the damage. All these features result in the particularity of civil responsible of environmental torts. This article focuses on the behaviors of environmental torts, the conception and features of civil responsibility of environmental torts, the civil liability imputation principle of civil responsibility of environmental torts, the constitution of civil responsibility environmental torts, the causality between behaviors of environmental torts and the damage facts, the argued principles, and offer some advice to improve and protect the environment in the legislation jobs.The behaviors of environmental torts means, if somebody pollute or destroy the natural environment ,at the same time, endanger the rights of other persons or the common property , he should take the civil responsibility. The behaviors of environmental torts have particular traits of uncertain victims, administrative legality, diversification and complexity of the damage cause, complex causality, which results in particularity of civil responsibility of environmental torts. The doctrine of liability fixation is no—fault liability in field of environmental civil liability. The constitution of civil...
Keywords/Search Tags:Environmental Torts, Environmental Damage, Environmental Endangerment, Civil Responsibility
PDF Full Text Request
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