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Environmental Tort Civil Remedy

Posted on:2014-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:H S FeiFull Text:PDF
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From Britain’s industrial revolution of the steam engine began to roar to human spacewalk today, less than two hundred years, human productivity with geometric speed growth, look small in front of nature human, now has gradually conquered the nature, nature and profound effect. This process of conquest, we cannot conclude that it is not do more harm than good or more harm than good, but the human to the environment pollution is an inescapable reality, environmental right has been produced. In order to better development, we should be how to solve the realistic problems, protection of the citizen’s environmental rights, is now all countries in the thinking of a major issue. Law as a regulator of social stability plays a huge role in solving environmental problems, environmental tort relief system arises at the historic moment. Only right without relief right is not really right, so will have to be a right there. Civil relief system has an important position in the environmental tort relief, civil remedy of environmental tort victims in important ways to seek relief, to suffer after and guide in the legal practice environment infringement behavior person reduce tort, prevention of major environmental pollution problems. This article main body is divided into four parts:The first chapter:the definition of environmental tort. Because the definition of environmental pollution or ecological environment infringement damage someone’s person, property, environment right and public property by illegal violations, in accordance with the law shall be liable for a tort. Through this chapter discusses the definition of environmental right gradually leads to the definition of environmental tort, and to analyze the pros and cons of environmental tort.Chapter ii:the legal basis of environmental tort civil relief. Have no right to do not need to relief, no benefits and there is no pure power. But compare with the traditional sense of the various rights, environmental right is a new kind of right, the lack of protection for it still has a lot of. So far relief of environment right is still at the development stage, there are a lot of defects, such as lack of litigation subject, uncertain of the statute of limitations, the relief way of a single, etcThe third chapter:the environmental tort civil liability. This chapter through the environment tort civil liability compared with traditional civil tort liability, the legal system of environmental tort relief targeted carefully analyzed. Mainly discussed the environment tort as a kind of special tort with special imputation principle, the composition of civil liability, justifications, and responsibility, typeThe fourth chapter:the present situation of our legal system of environmental tort civil relief and its perfect. This chapter analyzes the present situation of the environmental tort civil relief system in our country, proposes to our country environment tort civil relief legal system of legislative proposals, mainly includes the establishment perfect environment right of the civil law protection system, according to the principle of benefit measure to perfect the environmental tort civil relief measures, improve the environmental damage compensation system, establish social relief mechanism and so on four aspects, form a complete environmental tort civil relief system.
Keywords/Search Tags:environmental tort, civil remedy, imputation principle, compensation for damage
PDF Full Text Request
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