Font Size: a A A

Environmental Quality Standards And Study On The Application Of Tort Law

Posted on:2020-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:L P LeiFull Text:PDF
GTID:2416330578957879Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental quality standard is a goal of national environmental policy,but it is not a pure technical index that is completely disconnected from law.It should be a combination of technology and law.In recent years,the effectiveness of environmental standards has gradually attracted the attention of academia,but most of them remain in the ambiguous discussion for effectiveness of standards,lacking intensive study of environmental quality standards.There are different opinions on whether environmental quality standards can be applied in tort law.However,whether the results of the dispute can be applied in tort law or not,The ultimate substantive problem to be solved is that enterprise how to achieve the emission standards of pollutants.Therefore,the problem of whether an enterprise should still bear tort liability when the people are ultimately harmed from it can be transformed into the problem of how to determine the causality of environmental tort in the process of defining environmental tort liability.There are many reasons for Environmental quality standards are not applicable to tort liability law,Nor does it apply as a reason for environmental infringement in the case of enterprises meeting the standards of sewage discharge.The development and construction of enterprises will certainly cause some damage to the environment,and pollutant discharge standards have set a threshold for enterprises to assume responsibility for discharging pollutants that are not in accordance with the law.If enterprises reach the standards of pollutant discharge standards,If the enterprise meets the pollutant discharge standard and discharges the pollutants,and the responsibility for people is still judged according to the environmental quality standard,it will bring too heavy burden for the enterprise.Therefore,under those circumstances,government responsibility should be introduced to solve the problem of enterprise's Responsibility for reach the standard of pollution discharge.
Keywords/Search Tags:Environmental quality standards, Standards for pollutant discharge, Responsibility
PDF Full Text Request
Related items