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Research On Principle Of Imputation For Environmental Tort

Posted on:2013-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L J YangFull Text:PDF
GTID:2246330395988224Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid economic development in China, the environment problems become moreand more severe, leading to an increasing number of environmental infringement disputes.Environmental infringement act, as a special infringement act, greatly differs from generalinfringement act in the aspects of constitutive requirements, harmful consequences andimputation principle, apart from their common characteristics.In the field of infringement laws, imputation principles play the core role. Differentimputation principles determine accordingly the constitutive requirements, exemptions andthe evidential burden of the infringement act, which is also included in the environmentalinfringement disputes. Therefore, the study on the imputation principle of environmentalinfringement act provides the basis. Currently, generally speaking, China adopts the principleof liability without fault in environmental infringement act. However, in the theory circle ofinfringement laws, scholars hold different views about the imputation principles ofenvironmental infringement act, classified as monism, dualism and pluralism. Monismincludes two views of the fault liability principle and the principle of liability without fault.There have been rare supporters of the former view. Most scholars hold that the monism ofimputation principle of environmental infringements refers only to the principle of liabilitywithout fault. Differences also exist between scholars who support the dualism. Some supportthe imputation dualism system of fault liability principle and the principle of liability withoutfault; others support the dualism of the liability principle without fault and fair liabilityprinciple. Supporters of pluralism hold that principle of liability without fault, fault liabilityprinciple, fair liability principle and risk liability share the joint role in the imputationprinciple system of environmental infringement act. However, on the one hand, the rules forthe imputation principle of environmental tort counterplea in the relevant laws in our countryare different. On the other hand, because people do not consider the environmental tort fault,and have the same treatment attitude for both legal and illegal sewage dumping whenimputing the principle of liability without fault. Consequently it will cause unfair phenomenafor legal sewage dumpers, which is relatively common during the justice is put into practice.This paper proceeded from the definition of environmental infringement, drew aconclusion that, from the comparison of the different between four Academic viewpoints, theimputation principle system in China belongs to the monism of liability principle without fault.This paper consists of four parts:The first part makes clear the basic definitions and specific characteristics ofenvironmental infringement and imputation principle.The second part describes the monism, dualism, and pluralism of imputation principlesystem of environmental infringement in the theory circle. Then, as the main body of thepaper, analyzes the feasibility of liability principle without fault in environmentalinfringement in China.For part3, it explains some unreasonable phenomena, which appears in our country’sapplicable environmental tort liability fault principles: mainly related to the defenses andenvironmental infringer standard sewage or not.For part4, it is the innovation part of the thesis and also the solutions of the raisedquestions in part3.And the applicability of the imputation principle of environmental tortcounterplea should be close restraint, and people should treat both legal and illegal sewagedumping separately.
Keywords/Search Tags:environmental infringement, imputation principle, principle of liabilitywithout fault, defense
PDF Full Text Request
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