2014Unpublished venueRequires access

Liability of Environmental Torts: an Interpretation of Article 64,the New Environment Protection Law

Wang Li-mi

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Abstract

Article 64, the new Environment Protection Law, from the perspective of environment basic law, for the first time combined with the Tort Liability Law legislates environmental tort liability conditions.The conditions of environmental tort liability, includes tort, injury and causation, which puts an end to the controversy since the implementation of the General Principles of Civil Law in 1986. New Environment Protection Law inherits Tort Law's fragmentary handling of the environmental tort liability, i.e. liability for special tort is applicable to environmental pollution, and general liability applicable to ecological damage, which results in a real obstacle to the relief of ecological destruction victim.

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Article 64, the new Environment Protection Law, from the perspective of environment basic law, for the first time combined with the Tort Liability Law legislates environmental tort liability conditions.The conditions of environmental tort liability, includes tort, injury and causation, which puts an end to the controversy since the implementation of the General Principles of Civil Law in 1986. New Environment Protection Law inherits Tort Law's fragmentary handling of the environmental tort liability, i.e. liability for special tort is applicable to environmental pollution, and general liability applicable to ecological damage, which results in a real obstacle to the relief of ecological destruction victim.

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Available abstract

Article 64, the new Environment Protection Law, from the perspective of environment basic law, for the first time combined with the Tort Liability Law legislates environmental tort liability conditions.The conditions of environmental tort liability, includes tort, injury and causation, which puts an end to the controversy since the implementation of the General Principles of Civil Law in 1986. New Environment Protection Law inherits Tort Law's fragmentary handling of the environmental tort liability, i.e. liability for special tort is applicable to environmental pollution, and general liability applicable to ecological damage, which results in a real obstacle to the relief of ecological destruction victim.

Key concepts: Tort, Strict liability, Delict, Liability, Causation, Legal liability, Law, Joint and several liability

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