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On The Environmental Civil Liability Company

Posted on:2011-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:H B XieFull Text:PDF
GTID:2206330332976758Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The issue of environmental civil liability of bankrupt companies has concerned by bankruptcy law and environmental law scholars in recent years. The main reason is due to the increasing phenomenon that with society developed and economy booming, environmental pollution and corporate bankruptcy more and more. it leaves us with a problem that after a company went bankrupt, how can it assume its civil liability of environmental pollution. For instance, many corporate files for bankruptcy on purpose of avoiding civil liability. I try to solve the problem for some useful exploration in this paper. Its significance is, first of all, that it provides effective relief to victims of environmental pollution. Secondly, that it provides bankruptcy corporate for solutions to environmental civil liability. What's more, that it offer suggestions on environmental tort liability relief system for state. The paper has five parts.The first part is an overview of environmental civil liability of insolvent company. The issue involved in concept and scope, such as scope of damage, cost, impairment of environment, environmental claims, the company's definition of insolvency.The second part is theoretical basis of environmental civil liability of insolvent company.1. A theoretical basis of environmental law is Polluter Pays'Principle.2. A theoretical basis of civil law is Liability of Owner Principle.3. A theoretical basis of law of insolvency is Fair Debt Principle.4.Enterprise's environmental liability.The third part is the bankruptcy company's environmental civil liability of foreign insolvency system of inspection. Mainly on "U.S.A. Comprehensive Environmental Response, Compensation and Liability Act" (Superfund law), Japan "Compensation of pollution victims law".The fourth part is China'Legislation study of Bankruptcy corporate environmental the Civil Liability.1. In bankruptcy liquidation proceedings, environmental claims without priority; 2. After the termination of company, it's the environmental civil liability may be transferred; 3. Environmental damage relief system is not perfect. and environmental liability insurance system and Environmental Damage Compensation Fund system to be improved. The fifth part is reference and improvement of the environment civil liability of bankrupt company 1. The bankruptcy law establishes the priority status of environmental claims.2.1f the termination of the company, finding a person liable related to environmental commitment 3. Improve the environmental liability insurance system and the system of environmental damage compensation fund.
Keywords/Search Tags:bankrupt company, environmental tort liability, environmental claims, superfund law, environmental damage compensation
PDF Full Text Request
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