On Theoretical Basis for the Social Relief of Environmental Tort Liability and Its Realization
Tian Qi-yun
Abstract
Tian Qi-yun
Abstract
Environmental tort has several characteristics such as unequal parties concerned,wide damaging range,indirect and hidden results incurred,various causes of tort infringement,value legality,etc.For the widely-spread results caused by environmental tort,the tort damage often leads to severe infringement of social interests.In terms of the compensation for environmental damage,aggrieved party should obtain social remedy through rational system,rather than the indemnity of wrong-doer in traditional meanings.For instance,these systems should include system of liability insurance of environment torts,financing assurance system,administrative compensation system.
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Environmental tort has several characteristics such as unequal parties concerned,wide damaging range,indirect and hidden results incurred,various causes of tort infringement,value legality,etc.For the widely-spread results caused by environmental tort,the tort damage often leads to severe infringement of social interests.In terms of the compensation for environmental damage,aggrieved party should obtain social remedy through rational system,rather than the indemnity of wrong-doer in traditional meanings.For instance,these systems should include system of liability insurance of environment torts,financing assurance system,administrative compensation system.
Key concepts: Tort, Principle of legality, Indemnity, Compensation (psychology), Business, Law and economics, Liability, Strict liability