2011•Journal of Xiangtan UniversityRequires access

On Legislative Features and Imperfection of the Related Mechanism of Environmental Pollution Liability

Haiou Liu

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Abstract

The Tort Liability Act firstly stipulates pollution by chapter of the frame system,from which we should regard it as a general legislative position of the environment tort liability.It not only makes clear some important problems such as no-fault liability principle,inversion of causal relation burden of proof,but also establishes the civil liability relief system on environment itself sustained damage.For efficiently implementing the actual effect of environment pollution liability,the litigation of environmental public interest,the insurance of liability for environmental damage and other relative supporting system should be established in legistation.

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What this paper is about

The Tort Liability Act firstly stipulates pollution by chapter of the frame system,from which we should regard it as a general legislative position of the environment tort liability.It not only makes clear some important problems such as no-fault liability principle,inversion of causal relation burden of proof,but also establishes the civil liability relief system on environment itself sustained damage.For efficiently implementing the actual effect of environment pollution liability,the litigation of environmental public interest,the insurance of liability for environmental damage and other relative supporting system should be established in legistation.

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Available abstract

The Tort Liability Act firstly stipulates pollution by chapter of the frame system,from which we should regard it as a general legislative position of the environment tort liability.It not only makes clear some important problems such as no-fault liability principle,inversion of causal relation burden of proof,but also establishes the civil liability relief system on environment itself sustained damage.For efficiently implementing the actual effect of environment pollution liability,the litigation of environmental public interest,the insurance of liability for environmental damage and other relative supporting system should be established in legistation.

Key concepts: Liability, Strict liability, Tort, Business, Legislature, Liability insurance, Legal liability, Actuarial science

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