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Discuss The Civil Law Under The Perspective Of Environmental Tort Liability Presumption Of Causal Relation

Posted on:2013-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L C YuFull Text:PDF
GTID:2216330374466384Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of national economy, environmental pollution becomesincreasingly grave, which poses a grave threat to public safety and health as well associal and economic development. Likewise, the following influence and harm ofenvironmental pollution infringement are increasingly expanding. Due to the fact thatenvironmental pollution infringement has the distinguishing features like complexity,uncertainty and high technology, which are different from the traditonal infringement,determination of the environment infringement responsibility has constituted aproblem to the present legal and justice practice of our country.We have long been intersted in the study on environment infringement, but weare still at a relatively lower stage about how to determine the environmentinfringement responsibility and its theoretical bases and legal support as well. Thereare a great variety of judement theories on causal relationship of the environmentinfringement in the law field such as Wahrscheinlichkeit, causality of epidemiology,the method of indirect proof, etc, but those theories have their advantages as well asobvious disadvantages.Our country should set up our own system for determination of the causalrelationship of the environment pollution infringement responsibility and formulatecriteria and legal rules specifically and scientifically to hit and curb environmentalpollution infringement. The research purpose of the thesis is to help to protect thecitizen's rights of the person, property, safeguards the social economy and ensure judicialjustice through summary of the previous studies on determination of the causalrelationship of the environment pollution infringement responsibility, combination ofthe advantages and disadvantages of judicial practice home an abroad and integrationand conclusion of presumed standard and means of causal relationship of theenvironment pollution responsibility.
Keywords/Search Tags:civil juristic act, environment infringement, causality presumption
PDF Full Text Request
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