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The Concurrence Research Of Contractual Civil Liability For Environmental Services

Posted on:2017-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:M W DangFull Text:PDF
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April 5,2011, Ministry of Environmental Protection in the "Guidelines on environmental protection system to further promote the development of environmental protection industry," the first time put forward the concept of environmental services contract, confirmed that the new form of integrated service environment. Contract environmental services is "to achieve quantifiable environmental effects based service fee" and "integrated environmental service" mode, there are two main modes:one for the C-C model contract for environmental services namely sewage companies and service providers signed a comprehensive environmental environment mode service contracts; another way for the G-C model contract for environmental services namely local government and environmental services provider signed a comprehensive model for environmental services contract. Contract Environmental Services Environmental Services is currently the most innovative, the most advanced form of services, it will help improve the sewage pollution enterprise initiative to reduce the government’s environmental pressures, and promote the coordinated development of economy, society and the natural environment, integrated environmental services the future development of space is very broad.Competing research paper contract civil liability for environmental services, mainly from four parts:First, the contract for environmental services and civil liability overview. It describes the meaning of the contract environmental services, environmental services, the nature of the contract and the contract for environmental services in civil liability and its manifestations. Wherein both the environmental services contract with the service provider of integrated environmental pollution or environmental services companies signed a contract with the local government to sign the contract are civil in nature, with the characteristics of the commission contract. Specific performance contract civil liability for environmental services in integrated environmental service providers for breach of contract and tort liability of a third person tort liability, breach of contract and tort liability sewage companies. The second is a contract for environmental services civil liability Concurrence and Causes. It introduces the meaning of the causes and characteristics of civil liability for environmental services contract in civil liability Concurrence competing. Contract environmental services competing civil liability, does not mean that the competing claims of rights holders, but rather as a service provider of integrated environmental offenses and at the same time to bear the liability for environmental services to the demand side, respectively, to the environmental tort victims both liability tort liability can not choose one, mainly because of the characteristics of this offense has the dual attributes namely breach of contract and tort. Third, the contract for environmental services civil liability Concurrence existing problems. The main point to three issues, namely the lack of relevant laws and regulations, integrated environmental services providers Civil Liability Determination inaccurate, integrated environmental service providers bear the heavy responsibility and manner limitations. Fourth, contractual civil liability for environmental services competing solutions. They are:to improve the relevant laws and regulations, and accurate identification of integrated environmental civil liability of service providers seeking to diversify civil liability tort liability in particular ways, such as environmental pollution liability insurance, escrow companies Kim, executive compensation.The third and fourth parts of the research contracts mainly civil liability for environmental services competing sense of how to implement integrated environmental service providers to reduce the responsibility of the pressure and the maximum degree of protection of the legitimate interests of the victim. Comprehensive environmental services providers, it is the pollution enterprises under the market economy, there is private interest of, if they engage in environmental services contracts too risky and too heavy responsibility, will hinder its development and hinder its actively into pollution control to which, in the long run, it is not conducive to the management and protection of the environment. Environmental tort victims, its suffered personal or property damage, in a weak position, because the victim to make up for the loss of the greatest degree of suffering.
Keywords/Search Tags:environmental services contract tort breach of contract civil liability Concurrence, liability for tort, liability for breach of contract, The civil legal liability concurrence
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