Font Size: a A A

Causal Relationship Construction Of Environmental Infringement

Posted on:2014-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:D XingFull Text:PDF
GTID:2176330434970611Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The trend of Environment deterioration and serious polluting accident always trouble human beings and such troubles directly bring a series of health problems to human beings, even social problems. The number of civil prosecution arise from such troubles is increasing and the cases caused by pollution of water, air and etc appears in a row. The environmental tort is a tort mode that damages the parties’ environmental rights and interests. The environmental tort is as different as the general tort. First of all, the environmental tort is indirect. In most situations, the environmental tort damages people’s health and wealth by the intermedium. Secondly, the environmental tort behavior is continuous and latent and such behavior often causes the damage existing persistently and is hard to recover. Moreover, to judge the true infringer and injurer are very difficult in such occasions. This passage, under the background of social reality, with the reference of foreign juridical practices and Chinese background, discusses the construction of causation in the case of environmental tort.The first article "the current situation of the affirmation of the causation is described in two aspects. One is combing the recent laws and regulations, the other is reading the judgments published by the courts, which makes the conclusion that the recent judicial organizations don’t hold the same standards in judging the causation issues in dealing with the case of environmental tort, causing the inflexible application of the laws and regulations. Such behavior may seriously affect the accuracy of judging the causation.The Second article is starting with the judicial practices, which explains the importance of causation while judging the civil liability in environmental tort cases. In the recent framework of the laws and regulations, given its stage of lack of regulations and disunity of legal practices and the lack of demonstration case, it is difficult for the judicial organization to affirm the causation in the case of environmental tort.The third article is about the theory reference with the construction of causation in environmental tort. Such reference with the American, German and Japanese theory can enrich the knowledge of domestic theory and judicial practice. In such viewpoints, the theory of adequate causation is very valuable to domestic theory and practice. The fourth article "the route of construction of causation", and such article is focusing on generating the ideas on construction the domestic theory of causation and the theory of adequate causation should be valued. In the judgment of causation in environmental case, the distinguish of the liability establishment and the limitation of the liability should be paid attention to.
Keywords/Search Tags:Environment Tort, Causation, Judicial Practice
PDF Full Text Request
Related items