2005•Unpublished venueRequires access

On the Trend of Socialization of the Liability of Compensation for Environmental Infringement

Peng Jun-yu

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Abstract

In modern society, the environmental infringement is a new kind of infringing act, which seriously damages the social equity. Traditional theories about damages of infringing acts are constrained to blame on individual's misconduct and responsibility, so that damages caused by environmental infringement could scarcely be compensated reasonably and effectively. Accordingly, the general trend of the modern relief system for environmental infringement is the socialization of the liability of compensation for relevant damages, which is mainly embodied in the rise of non-fault liability principle and the establishment of guarantee system of damage compensation. Some suggestions are put forward in relation to the improvement of the legislation concerned in China on the basis of the analysis of relevant principles and systems abroad.

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What this paper is about

In modern society, the environmental infringement is a new kind of infringing act, which seriously damages the social equity. Traditional theories about damages of infringing acts are constrained to blame on individual's misconduct and responsibility, so that damages caused by environmental infringement could scarcely be compensated reasonably and effectively. Accordingly, the general trend of the modern relief system for environmental infringement is the socialization of the liability of compensation for relevant damages, which is mainly embodied in the rise of non-fault liability principle and the establishment of guarantee system of damage compensation. Some suggestions are put forward in relation to the improvement of the legislation concerned in China on the basis of the analysis of relevant principles and systems abroad.

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Available abstract

In modern society, the environmental infringement is a new kind of infringing act, which seriously damages the social equity. Traditional theories about damages of infringing acts are constrained to blame on individual's misconduct and responsibility, so that damages caused by environmental infringement could scarcely be compensated reasonably and effectively. Accordingly, the general trend of the modern relief system for environmental infringement is the socialization of the liability of compensation for relevant damages, which is mainly embodied in the rise of non-fault liability principle and the establishment of guarantee system of damage compensation. Some suggestions are put forward in relation to the improvement of the legislation concerned in China on the basis of the analysis of relevant principles and systems abroad.

Key concepts: Damages, Business, Liability, Punitive damages, Misconduct, Legislation, Compensation (psychology), Tort

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