2011Journal of Chongqing Technology and Business UniversityRequires access

On the Relief of the Environmental Tort by Private Law in the Context of "Legislative Interpretation"——Centered on Article 65 and 66 of Tort Liability Law of China

Zhu He-qun

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Abstract

There are some provisions dealing with the liability of environmental tort in the Liability Law of the People's Republic of China,which provides the legal basis for the relief of environmental tort by private law.However,these provisions appear to be imperfect because of the complexity of environmental tort.Thus,how to implement these provisions in the judicial practice is a major issue confronted with the legal circles.This article explores the composition of tort liability,the burden of proof,the third party 's fault and other issues from the perspective of the legislative interpretation,attempting to enhance the enforceability of Tort Liability Law of People's Republic of China in the judicial practice and provide a reference for the relief of the environmental tort by private law.

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What this paper is about

There are some provisions dealing with the liability of environmental tort in the Liability Law of the People's Republic of China,which provides the legal basis for the relief of environmental tort by private law.However,these provisions appear to be imperfect because of the complexity of environmental tort.Thus,how to implement these provisions in the judicial practice is a major issue confronted with the legal circles.This article explores the composition of tort liability,the burden of proof,the third party 's fault and other issues from the perspective of the legislative interpretation,attempting to enhance the enforceability of Tort Liability Law of People's Republic of China in the judicial practice and provide a reference for the relief of the environmental tort by private law.

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Available abstract

There are some provisions dealing with the liability of environmental tort in the Liability Law of the People's Republic of China,which provides the legal basis for the relief of environmental tort by private law.However,these provisions appear to be imperfect because of the complexity of environmental tort.Thus,how to implement these provisions in the judicial practice is a major issue confronted with the legal circles.This article explores the composition of tort liability,the burden of proof,the third party 's fault and other issues from the perspective of the legislative interpretation,attempting to enhance the enforceability of Tort Liability Law of People's Republic of China in the judicial practice and provide a reference for the relief of the environmental tort by private law.

Key concepts: Tort, Delict, Law, Strict liability, Judicial interpretation, Legal liability, Private law, Liability

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On the Relief of the Environmental Tort by Private Law in the Context of "Legislative Interpretation"——Centered on Article 65 and 66 of Tort Liability Law of China — Research Paper | ScholarLens