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A Discussion On The Civil Relief Of The Environmental Tort

Posted on:2008-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2166360218457814Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the modern times,"human centralism"which developed progressively in the conflict between human and nature has dominated for long time. Under the government of this value, the foot step of human penetrates into the whole biological circle, participates in and changes material cycle and energy flow, even produce globle environmental problem which threatens human being's existence and sustainable development. Thus, it is necessary to remedy the related interest. 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, only if the perfect relief system exists, can the man realize his rights. Today is so, 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, then discuss the issue about the environmental tort civil remedy including environment tort civil law protection, presents evidence the responsibility inversion, criterion of environmental tort. At last, it will put forward the advice for building the framework of environmental tort civil remedy in China.
Keywords/Search Tags:Environmental tort, Civil remedy, The criterion of liability, Environmental damage compensation
PDF Full Text Request
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