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A Comparative Study Of Ecological Environment Damage Compensation Liability And Environmental Tort Liability

Posted on:2021-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q RaoFull Text:PDF
GTID:2516306230995739Subject:legal
Abstract/Summary:PDF Full Text Request
Since the adoption of the Reform Plan For The Eco-environmental Damage Compensation System,research on compensation for Eco-environmental damage has also begun to surge.However,a search of related fields can reveal that China 's current research perspective in the field of compensation Eco-environmental damage compensation is more biased towards the judicial level.Most scholars have set their research objects as judicial proceedings and related claim paths,studies on Eco-environmental damage compensation liability itself are relatively rare.Both the Eco-environmental damage compensation liability and the environmental tort liability are legal liabilities related to the environment.In practice,it is common to confuse the two liabilities.Can Eco-environmental damage compensation liability be attributed to environmental tort liability? Can the Tort Liability Law be applied to the Eco-environmental damage compensation liability? The author tries to clarify the existing theories,and makes a comparative study of the Eco-environmental damage compensation liability and the environmental tort liability in this article in order to answer related questions.This article is divided into four parts in structure.Firstly,the article defines the concepts of Eco-environmental damage compensation liability and environmental tort liability,and draws their conceptual differences.Secondly,the article conducts a comparative study of the causes,the subject of liability,the scope of application,the nature of the liability,the constituent elements,and methods of liability from the perspective of similarity and difference,showing the differences between the two types of liability.In order to making a real distinction between these two liabilities.thirdly,the article makes a comparative analysis of the current legal application of Eco-environmental damage compensation liability and environmental tort liability.From the confusion of the application of law and the application of Tort Liability Law in Eco-environmental damage compensation cases,the article proposes legislative requirement of Eco-environmental damage compensation liability.In the end,the article explores the path to Eco-environmental damage compensation liability legalization,analyzes the legal provisions about Eco-environmental damage compensation liability in tort liability part of the civil law code draft.And it excludes the entry of the civil law code for the Eco-environmental damage compensation liability,then a comprehensive comparison of the rest of the basic environmental law approach,the environmental code approach and thespecial legislation approach was made.It was concluded that China should take the special legislation approach and formulate a comprehensive Eco-environmental Damage Compensation Law to regulate the Eco-environmental damage compensation liability.Based on the previous study,some suggestions on the Eco-environmental Damage Compensation Law are put forward,with a view to providing assistance to the increasingly serious problem of Eco-environmental damage in China.
Keywords/Search Tags:Eco-environmental damage compensation liability, Environmental tort liability, Scientific comparison, The application of law, Legislative approach
PDF Full Text Request
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