On The Exemption Reasons Of Environmental Tort Liability

Except the introduction, this thesis is divided into five parts and has more than40,000words.The first part is the general introduction of the exemption reasons of tort liability, bymeans of semantic analysis. In the first part, this thesis defines the relationship between thetort liability and the environmental tort liability. By comparison, there is a notable differenceof the tort liability and the environmental tort liability. The criterion of liability of theenvironmental tort liability is no-fault liability. Then, this thesis discusses the meaning and thestatus. The exemption reasons of tort liability are the objective facts of exempting the civilliability of the infringer. The exemption reasons of environmental tort liability are theobjective facts of exempting the environmental tort liability of the infringer. The relationshipbetween the exemption reasons of tort liability, criterion of liability and constitutiverequirements reflects the status of the exemption reasons in the system of the tort liability.The second part is the analysis of the comparative law of the exemption reasons ofenvironmental tort liability, by means of comparative approach. The criterion of liability ofthe Japanese tort liability is the fault liability, and the special provision of law is the exception.The exemption reasons of environmental tort liability are divided into two types, namely theexemption reasons of fault liability and the exemption reasons of no-fault liability. In Germancivil law, the force majeure, victim’s fault is not all the exemption reasons of environmentaltort liability, and the exemption reasons depend on the particular cases. In America, theenvironmental tort liability adopts the exemption reasons according to the different types oftort liability, and the exemption reasons which apply to all environmental tort liability do notexist. Under the principle of no-fault liability, the exemption reasons of the civil law systemand the common law system appear to the characteristics of categorization.The third part is the categorization and application of the exemption reasons ofenvironmental tort liability, by means of logical analysis. This part analyzes categorization ofthe legal exemption reasons and the illegal exemption reasons of environmental tort liability.The scholars of tort law and the scholars of environment law reach a consensus that willfulinfringement or culpable negligence are the exemption reasons and have different ideas aboutthe others reasons. The exemption reasons of environmental tort liability are legal exemptionreasons. The exemption reasons of environmental tort liability have the characteristic of close confinement. The exemption reasons have the characteristics of generalization andcategorization. Hence, willful infringement or culpable negligence is the exemption reasonsof all the environmental tort cases, and the application of the force majeure depends on thespecial situations.The fourth part illustrates the current situation and the suggestions by means of chartanalysis. The legal sources of exemption reasons consist in the general rules of civil law, tortlaw, environment law and marine environment protection law etc. The different provisions ofcurrent environment law result in the application of the law. The failure time of differentenvironment law results in the problem of legal level, and the exemption reasons havedifferent problems of application. So, the legislation mode of exemption reasons ofenvironmental tort liability should adopt the generalization and categorization, and the legalsources should be systematic.The fifth part is the conclusion.