2014Journal of Huaqiao UniversityRequires access

The Function of Environmental Tort Relief of Environmental Standards System

Liu Cha

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Abstract

The current China'sTort Liability Actfocuses on the specific characteristics of environmental violations and designs a special tort liability system,but still upholds a protective idea of private rights in the value judgments and institutional mechanisms,which leads to many internal flaws and implementation difficulties on the current environment tort relief.The cause is due to the result that the environmental tort damages exceed the traditional tort. Thedamage to the environmentof environmental tort and damage of ecological interests can not seek relief under the responsibility framework of traditional tort,so it is necessary to introduce the concept of environmental tort liability and accordingly to conduct a systematic design,which is in the environmental tort liability identification,and the environmental standards system can play a systematic role of the environmental tort identification.

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What this paper is about

The current China'sTort Liability Actfocuses on the specific characteristics of environmental violations and designs a special tort liability system,but still upholds a protective idea of private rights in the value judgments and institutional mechanisms,which leads to many internal flaws and implementation difficulties on the current environment tort relief.The cause is due to the result that the environmental tort damages exceed the traditional tort. Thedamage to the environmentof environmental tort and damage of ecological interests can not seek relief under the responsibility framework of traditional tort,so it is necessary to introduce the concept of environmental tort liability and accordingly to conduct a systematic design,which is in the environmental tort liability identification,and the environmental standards system can play a systematic role of the environmental tort identification.

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Available abstract

The current China'sTort Liability Actfocuses on the specific characteristics of environmental violations and designs a special tort liability system,but still upholds a protective idea of private rights in the value judgments and institutional mechanisms,which leads to many internal flaws and implementation difficulties on the current environment tort relief.The cause is due to the result that the environmental tort damages exceed the traditional tort. Thedamage to the environmentof environmental tort and damage of ecological interests can not seek relief under the responsibility framework of traditional tort,so it is necessary to introduce the concept of environmental tort liability and accordingly to conduct a systematic design,which is in the environmental tort liability identification,and the environmental standards system can play a systematic role of the environmental tort identification.

Key concepts: Tort, Liability, Damages, Business, Strict liability, Function (biology), Political science, Law

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