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Research On The Civil Liability Of Environment Infringement

Posted on:2017-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:J H YangFull Text:PDF
GTID:2296330482472470Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Environmental pollution and ecological destruction has become a major issue in human’s society, apart from the use of economic, political, administrative, scientific and technological means,gradually legal means also play an important role in resolving modern environmental crisis and, therefore, on the significance study of environmental tort liability system.In recent years, China’s environmental tort civil liability system, although made great progress and development,there are still many deficiencies exist.The environmental tort civil liability system for the entire system of research is not thorough enough, not only lead to incomplete legislation, the establishment of security relief system also exits a big missing, resulting in practice environmental tort cases victims can not get timely and effective reasonable relief.On the analysis of current situation of environmental tort civil liability system in China, found insufficient, and learn from the successful experience of developed countries deal with environmental tort cases, it is recommended a clear relationship between the burden of proof in legislation, causation and damages range;In the relief system, it is recommended to improve public interest litigation system, establish system of punitive damages, environmental liability insurance and environmental fund system,etc. To provide a reference for national legislation and the country’s overall legal construction environment,help to improve the environmental tort civil liability system.Thereby providing a reference for national legislation and the country’s overall legal construction, help to improve the environmental tort civil liability system.Constantly improve the environmental tort civil liability system, not only can make environmental tortfeasor subject to legal sanctions and discipline, can also suppress environmental pollution and ecological damage events occur frequently,so that the invasion of personal rights of victims’ legitimate rights and interests of property rights, environmental rights, etc. get full relief, and the protection of citizens’ basic rights are upheld, so as to maintain the unity and stability of the society’s purpose.
Keywords/Search Tags:Environmental tort, Civil liability, Damage relief
PDF Full Text Request
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