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On Civil Liability Of Environment Pollution Tort

Posted on:2013-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2246330374981311Subject:Civil and Commercial Law
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With the rapid development of the social economy,more and more kinds of environmental pollution tort,it have been an important tort in tort law theory system. Environmental pollution tort has their own characteristics on inputation,constitutive requirements,excusatio and relization,because of the complexity and the particularity.We researched environmental pollution tort civil liability,becauseit is weak both on theory and on legislation relative to the criminal liability and the administrative responsibility.We mainly systematic analysed and discussed the above in this paper,so as to the theory and legislation of the environmentalpollution tort make contribution.The first part,we summarized the civil liability of the environmental pollution infringement.We analysed what is the environmental pollution tort,andconcluded the characteristics of the plural of main body of responsibility,the inequality status,the value justification,indirection,sustainability,conplexity,universality,latent,and the irreparability of the damadge.And we briefly reviewedthe concept, the characteristics and the function.The second part,we mainly discussed the inputation of the environmental pollution tort.Firstly,we briefly introduced the original of no fault liability principle,the establishment of the theoretic and the legislation of the no fault liability principle,and the current situation of the inputation of the civil principle of the environmental pollution tort in several foreign developed countries and our country.And then on comparative analysing,we sum up the defect of the imputation in our country.Finally,to perfect the civil liability of the environmental pollution tort,we put forward the suggestion that we should apply the fault liability principle and the no fault liability principle which is given priority at the same time,and apply the fair liability principle in a certain extent.The third part,we mainly discussed the constitutive requirements of the civil Principle of the environmental pollution tort.According to the particularity of the environmental pollution tort,we summarized the constitutive requirements forthree elements based on the no fault liability principle,what is the behabior of the environmental pollution,the facts of damage and the causal relationship between the behavior and the facts of damage.And we innovativily solved those disputed issues,such as "the behavior illegality"were not one of constitutive requirements,but were one of reasons of determine the responsibility size when the discharge of pollutants is above standard,the environmental right werenot the object of the environment infringement,and establishing a variety of causality presumption methods for different cases,and the victim may prior to causality identification.The fourth part, we talked over the excusatio of the civil liability of the environment pollution tort.This part outlined the excusatio in related laws in our country,and detaily analysed the force majeure,the victim fault and the third person fault.After comparison study, we summarized the defects of the excusatio, and according to the general rules of the civil law and related theory,we not only put forward suggestions to the force majeure, the victim fault and, but also raised that the justifiable defence, emergency, the responsibility of the state organs were the excusatio of the the person of the discharge of pollutants,but the third person fault is no longer the excusatio.The fifth part, we primarily researched the relization of the civil liability of the environmental pollution tort. Firstly,this part discussed the relization and the relizing ways of the civil liability of the environment pollution tort,the former include litigation and non-ligation including consultation,mediation and arbitration,and the latter consist of compensation for losses, remove hazards andreinstatement.Secondly, the paper innovatively explored problems about the related systems of the suit,such as sue eased,the increase of the lawsuit manner,the extension of limitation and the specific of main responsibility.Finally, to improve the civil liability system of the environmental pollution tort,we put forward the punitive compensation responsibility and liability insurance system and so on.
Keywords/Search Tags:environmental pollution tort, civil liability, criterion of liability, constitutiverequirements, excusatio, relization, perfection
PDF Full Text Request
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