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Study On The Liability Of Marine Environmental Pollution Caused By The Fault Of The Third Person

Posted on:2016-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:B L GaoFull Text:PDF
GTID:2191330470478569Subject:Maritime law
Abstract/Summary:PDF Full Text Request
Pollution damage to the Marine environment belongs to special tort forms under the tort law system in our country. Causes of Marine environment pollution complicated, a lot of damage is the fact that the result of joint action. The Marine environmental damage caused by the third party fault, due to the involvement of a third person in is different with general tort liability. This article from the third party fault caused by damage that a perspective on the Marine environment damage to the Marine environment in the party and the third person of responsibility.An overview of the first chapter, mainly introduced the third party fault caused by the concept of Marine environmental damage liability and analyzes its legal basis.In our country are discussed in the second chapter of the third person of the Marine environmental damage being caused by fault liability current effective legislation and add to the international convention on the problems reflected by different imputation principle, and analysis of the meaning of no fault liability principle established and encounter difficulties at present stage.The third chapter discusses the third person Marine environmental damage being caused by fault responsibility main body of the question. Marine environmental damage liability offenders, offenders and the fault of the third person common Marine environmental damage liability, Marine environmental damage liability to a third person discussed three kinds of situations.The fourth chapter from infringement, damage fact, the infringement behavior and causal relationship between damage fact three aspects discusses the third person of Marine environmental damage being caused by fault responsibility identification.The fifth chapter of our country Marine environmental damage being caused by fault of a third person liability legislation Suggestions, from the unity of legislation and in the imputation principle of no-fault principle and the introduction of fair liability principle is complementary two angles are also proposed.
Keywords/Search Tags:Fault of Third Party, Marine Environmental Pollution, Confirmation of responsibility, doctrine of liability fixation
PDF Full Text Request
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