2005•Journal of Sun Yatsen UniversityRequires access
A Study of Criterion of Environmental Tort
HU Dan-ying
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Abstract
Most scholars believe that criterion of liability of environmental tort is only liability for negligence. This opinion deviates from the requirement of law of tort and practice of environmental tort. From the perspectives of the tort theory, legislation of other countries and law theories, both liability without negligence and liability for negligence can be applied to environmental tort. Based on the traditional criterion of liability, this paper analyzes criterion of liability in environmental tort and brings forward some suggestions to the legislation in China.