Font Size: a A A

Research On The Civil Relief Of Environmental Tort

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:X N LiFull Text:PDF
GTID:2416330620470256Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy,the large-scale utilization and consumption of resources lead to the worsening of human living environment and the increasingly serious problem of environmental infringement.The protection and sustainable development of the environment have become the focus of the international community.As a developing country,China shoulders the dual mission of economic development and environmental protection,it should pay more attention on the study of environment tort.Environmental tort is different from general tort in that its characteristics lead to a wide range of infringement in space and a long time of destruction,and it will even pose a serious threat to mankind and future generations.According to the "green principle",the role of civil law in the protection of ecological environment is more and more obvious.The relief of environmental tort should be the focus of research,and the establishment and improvement of the civil relief system of environmental tort is of great significance to the decrease of environmental tort,the protection of human rights of victims and the maintenance of social stability.By analyzing the current legal system and theoretical literature,this article expounds the characteristics of environmental tort,the relevant concepts of environmental tort civil relief,and explains the theoretical basis of the green and social civil law,and analyzes the causes of environmental tort from the perspective of law and economics to avoid the simplification of the argumentation perspective.This article discusses the elements of civil liability of environmental tort in China and the ways of undertaking,and finds out the problems from it,and puts forward some suggestions to improve it.In the case of environmental disputes,the problem of joint environmental tort is more complex than that of general environmental tort.In the aspect of the responsibility identification of the main subject,we divide the types of joint environmental tort,and make detailed provisions on the liability of the infringers in different types according to their subjective state and the size of the cause.As one of the elements of civil liability,the determination of causality is moredifficult in practice,so this article proposes to use the presumption of causality,and discusses its advantages as well as application stage.Considering the balance between economic development and environmental protection in the aspect of preventive relief measures,it is suggested to increase the flexibility of partial elimination of hazards and alternative elimination of hazards.The application of punitive damages in the field of environmental tort has been widely accepted by the theoretical community.So,we make detailed provisions on its application conditions and compensation amount.In view of the inferior position of the victims of environmental tort,it is also proper to protect the vulnerable groups.In the aspect of social relief,the article makes feasible regulations through the insurance institutions,insurance coverage,insurance mode,insurance expenses of liability insurance system and the sources of funds in the construction of public compensation fund system.The above measures can fully and effectively make up for the losses suffered by the victims,which is of positive significance for civil relief of environmental tort.Only to build more perfect feasible environmental tort civil relief legal system at the institutional level and the judicial practice,can we protect the interests of the environment infringement victims,can rise to the environment infringement behavior person deterrent effect in order to reduce the occurrence of environmental tort;can we build a more harmonious social environment.
Keywords/Search Tags:Environmental tort, Civil relief, Preventive relief, Weak protection
PDF Full Text Request
Related items