A Brief Study on How to Perfect the System of Civil Liability Caused by Environmental Pollution
Yan Zhang
Abstract
Yan Zhang
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.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
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