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An Empirical Study On Compensation For Spiritual Damages From Environmental Torts

Posted on:2022-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y FanFull Text:PDF
GTID:2516306527996979Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
As the economy develops and the process of industrialization continues to accelerate,the degree of environmental damage continues to deepen.At the same time,environmental infringement cases caused by environmental pollution and environmental damage have been increasing.This has attracted the attention of the Chinese government,scholars and the general public.However,we need to pay attention to the fact that cases of mental damage caused by environmental infringement have not yet been obtained.Extensive attention,there are still many practical problems that have not been resolved.This article is based on the mental damage caused by environmental infringement as the basic starting point,and the main research content is the compensation for mental damage caused by environmental infringement in the case.265 cases related to the spirit of environmental infringement have been collected from the China Judgment Network and other legal service websites.Cases of damage compensation,and comprehensively classify,generalize,and refine the cases to find out the common causes of infringement,the standard of infringement,the scope of application,and the amount of compensation in such cases,and analyze the deep reasons for the existence of the above practical problems.Hierarchical reasons,put forward some targeted solutions for the cause of the case and how to determine the infringement,and try to propose further improvement suggestions for the scope of application of such cases and the amount of compensation.And through the research on the practical issues of environmental tort mental damage compensation in the case,the corresponding development plan for the entire environmental tort mental damage compensation issue is made further,so as to better protect the legitimate rights and interests of the infringed and promote environmental infringement.The development of the practice of compensation for mental damage contributes to the better promotion of the development of the socialist rule of law with Chinese characteristics.
Keywords/Search Tags:Environmental infringement, mental injury, The compensation issue
PDF Full Text Request
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