Study On The Environmental Tort Liability Of The Terminated Company

Over the past 40 years,China's economic booming.But the extensive economic growth model has brought serious environmental problems,resulting in environmental tort cases to grow.Environmental infringement is more difficult than other types of infringement cases.Mainly reflected in:difficult to prove Causation,complicated liability form,hard to identified environmental tort,illegality of actions and damages.After the company is cancelled,the complexity and intractability of cases are on the rise,because:First,the disguise of the environment damages is strong,difficult to find,get d legal relief too late.In general tort,the tort and the damages occur between the time is short,and the damages is easy to be found.But in the environment infringement,Damage caused by the chemical pollutants accumulation,determined the environmental damage Only when the damage is very serious and obvious,this makes the victim is difficult to obtain relief timely.Second,the terminated company no longer bear legal responsibility,the victim can't get legal relief.Because of pollution damage to the incubation period is long,the victim cannot to seek legal remedies.After the termination to the company,not to accept the claims in accordance with the law.In this case,the company may be malicious use of company termination and limited liability to avoiding environmental responsibilityThird,confirmation of the terminated company environmental tort liability is more complex.Even if the main body of the problem,in the case of the principle of imputation,the application of the responsibility,the identification of the infringement,the causal relationship between the difficulty of proof due to time reasons become more complex and more difficult.In the current practice,the environmental remediation costs and damage awards of the terminated company paid by the government,is clearly unfair.I believe that the terminated company should also bear the duration of its environmental tort liability,therefore,highlights the construction of the terminated company of environmental tort liability system.The article mainly includes the following parts:The first part,problem Introduction.Introduce the background of the problem,Analysis of the advantages and disadvantages of the current countermeasures by literature review,and showed my own thoughts and project.The second part,the definition of the terminated company environmental tort liability.This paper discusses the concept of environmental tort liability of the terminated company and summarizes the functions and characteristics of the terminated company environmental tort liability.In the third part,the author expounds the defects of the environmental tort liability system of the terminated company.The liability principle of environmental tort liability of the terminated company is not clear;the irregularity of actions are no definite rules in law,vague scope of damages and complex and difficult in proving the causation.The fourth part,external experience of the environmental tort liability system the terminated company.doctrine of no-fault liability as main;causation presumption;using the company's qualification system to solve the problems of no subject of liabilities;compensation for damage and restitution as main tort liability forms;environmental tort liability insurance sharing risk and relief;environmental tort liability compensation fund relief is effective.The fifth part,Put forward a perfect suggestion to the current legislation of our country.fault liability principle first;wrongful act;injurious consequences;testified the factual causation;ascertaining the responsibility main body;compensation for damage and restitution as main tort liability forms;Establishment Rules of Liability insurance and fund system;...