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Environmental Liability In

Posted on:2010-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2206360278456503Subject:Law
Abstract/Summary:PDF Full Text Request
One of the great changes of civil law is the rapid development of the torts. The types of the torts increase continually. The development of science and industry result in increasingly serious environmental problems and the research on environmental infringement becomes more and more important. These are some difference environmental infringement from the traditional torts. Includes the burdens of proof, causal relation, the damage, the remedies and exemption from obligations.The paper is devoted to the features of environmental torts and divided into the following chapters:Chapter one outlines the environmental torts briefly including its definitions according to some scholars and its classifications and its features.Chapter two introduces how to bear the burdens necessary to the torts. The responsibility is designed to be the remedy to the victim and the measure to guard the reoccurrence of the infringement. And the chapter devoted to the constitutive elements of environmental torts. The elements include behavior,damage and causal relation.Chapter there elaborates the exemption from obligations of the environmental torts. According to the specializations of environmental torts and the specifications of the laws the exemption from obligations of the environmental torts is different too.The last chapter is to discuss how to relieve the victim. It is a topic needs deeper research. In this chapter the author pointed out some ways to relive the victim. Just like by the public welfare litigation,representative action and proper extinctive prescription system.
Keywords/Search Tags:Environmental Tort, Constitutive Elements, Exemption from Obligations
PDF Full Text Request
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