Font Size: a A A

On Environmental Tort

Posted on:2015-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:R J ShanFull Text:PDF
GTID:2296330428498452Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a kind of new right, Environmental right is not only a right in public law, but also asort of right in private law, the private trend of environment right is of no doubt.The subject of environmental right is not a country, but private subject. The protectionof the environment right should not only rely on the traditional civil law such as civil law,property law, it should establish a more completed environmental tort system, which canprovide better protection for environmental right.Imputation principles of environmental right tort should not apply the principle ofno-fault liability to all environmental right tort cases, but environmental tort should bedivided into different types in order to apply different imputation principles, which purposeis to protect the rights and interests of the parties.Causation aspects of environment tort should not take a single criterion fordetermining causal relationship, a diversified, complex causal system should be set up.When we identify a causal relationship, various aspects of causal relationship factors mustbe taken into account comprehensively. Environmental tort liability should not be limitedto the scope of tort liability, and alternative damages way should be established.
Keywords/Search Tags:Environmental rights, The private trend, Remedies for environmentalrights, Liability manner
PDF Full Text Request
Related items