2007•Unpublished venueRequires access

A Brief Study on How to Perfect the System of Civil Liability Caused by Environmental Pollution

Yan Zhang

Open publisher page 0 citations

Abstract

In China,the primary legal basis of environmental pollution infringement liability spread among the General Principles of the Civil Law,environmental basic laws and environmental specialized laws.In contrast to environmental pollution infringement liability system in developed countries, the defects of current environmental pollution infringement liability system in China are obvious.The author suggests that the system can be improved in the following ways: cutting out the regulations that environmental pollution infringement should be based on lawbreaking;broadening the scale of compensation for damages appropriately;setting up the rules of burden of proof inversion and cause-effect relationship presumption;detailing the composition and modes of infringement elimination;adopting liability insurance and damage compensation system;granting the victim rights of advisory and request for liability examination,and perfecting administrative mediation system and arbitration system.

About this research paper

What this paper is about

In China,the primary legal basis of environmental pollution infringement liability spread among the General Principles of the Civil Law,environmental basic laws and environmental specialized laws.In contrast to environmental pollution infringement liability system in developed countries, the defects of current environmental pollution infringement liability system in China are obvious.The author suggests that the system can be improved in the following ways: cutting out the regulations that environmental pollution infringement should be based on lawbreaking;broadening the scale of compensation for damages appropriately;setting up the rules of burden of proof inversion and cause-effect relationship presumption;detailing the composition and modes of infringement elimination;adopting liability insurance and damage compensation system;granting the victim rights of advisory and request for liability examination,and perfecting administrative mediation system and arbitration system.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

In China,the primary legal basis of environmental pollution infringement liability spread among the General Principles of the Civil Law,environmental basic laws and environmental specialized laws.In contrast to environmental pollution infringement liability system in developed countries, the defects of current environmental pollution infringement liability system in China are obvious.The author suggests that the system can be improved in the following ways: cutting out the regulations that environmental pollution infringement should be based on lawbreaking;broadening the scale of compensation for damages appropriately;setting up the rules of burden of proof inversion and cause-effect relationship presumption;detailing the composition and modes of infringement elimination;adopting liability insurance and damage compensation system;granting the victim rights of advisory and request for liability examination,and perfecting administrative mediation system and arbitration system.

Key concepts: Presumption, Liability, Arbitration, Business, Strict liability, Damages, Law, Legal liability

Related papers

Back to paper searchBrowse research topicsOriginal source
A Brief Study on How to Perfect the System of Civil Liability Caused by Environmental Pollution — Research Paper | ScholarLens