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Environmental Infringement Research Of Burden Of Proof

Posted on:2013-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuFull Text:PDF
GTID:2246330395450679Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental tort is a special behavior, which brings about series of environmental tort burden of proof. therefore, the study in this area is of vital importance in clarifying the chaos in the action of environmental tort. The author discusses the assignment, reduction and exemption of burden of proof in the environmental tort. meanwhile, the paper serves to make some suggestions on development and improvement of the theory and practice in the area, which will I hope, contribute to the practice of the action.Apart from the introduction and conclusion parts, this thesis is composed of main4chapters.Chapter1is the environmental tort burden of proof theory. In this chapter, the author proceed from the field of environmental law, and explore the concepts and characteristics of environmental tort; the next is brief in the meaning, resulting in the conditions, objects and the property of environmental tort burden of proof. This is in order to lay a further discussion of the below foundation.Chapter2is the assignment of burden of proof in environmental tort. In this chapter, firstly, the author describes the assignment of burden of proof in the environmental tort and its corresponding system in our country, then employing the methodology of comparative law, the author comprehensively illustrates assignment of burden of proof in the environmental tort in major countries of the world are analyzed as well, and the revelation to our country. Last but not the least, the author also gives an introduction on no-fault liability, shifting of burden of proof and criterion of liability.Chapter3is the reduction and exemption of burden of proof in the environmental tort. In this chapter, the author describes that the reduction and exemption of the burden of proof in environmental tort and put forward their own reflection in order to effectively protect the parties’rights and interests in environmental tort cases.Chapter4is the improvement of the burden of proof in our environmental tort system. In this chapter, firstly, the author the author describes the necessity to improve the burden of proof in environmental tort, then proposes auxiliary building measures to improve China’s the burden of proof in environmental tort, such as the scope of the burden of proof, dualism liability principle and so on. That is in order to help assignment system of burden of proof in environmental tort to provide useful advices.
Keywords/Search Tags:Environmental tort, burden of proof, no-fault liabilitycriterion of liability shifting of burden of proof
PDF Full Text Request
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