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An Empirical Study Of The Homogeneity Principle Environmental Damage Compensation

Posted on:2014-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y HanFull Text:PDF
GTID:2266330425483043Subject:Law
Abstract/Summary:PDF Full Text Request
Factory buildings, traffic developed, developed or not seems to be a symbol of thecity, but also the life of the people of a city or a sign of happiness. However, with therapid economic development, people become increasingly aware of the cleanenvironment for human survival necessity. If a tainted environment, people’s healthand even life-threatening, then earn more money is useless. Therefore, environmentaltort has been growing attention to environmental tort homogeneity principle ofcompensation also emerged from the area of civil law. But the economy continueddevelopment so that some companies would rather give up the small amount ofcompensation, but also earn a lot of profit, homogeneity constraints of thesecompanies have been unable to compensate, so, another principle of complementarityneed to protect our environment.In this paper, straightening certain arable land had been contaminated sewage case,ConocoPhillips oil spill case, noise pollution case depth analysis of three case studiesreveals homogeneity of environmental damage compensation limitations, discusses thedefinition of environmental tort damages, principles, history, doctrine and abroadhomogeneity principle of compensation, limitations, and proposed compensation forthe homogeneity of the principle of complementarity, ie the principle of punitivedamages. Hope that through homogeneity principle of compensation and punitivedamages principles combine to better economic development and protect theenvironment.
Keywords/Search Tags:environmental tort damages, principle of homogeneity, punitive principles
PDF Full Text Request
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