Environmental

Author: Cao Mingde
Publisher:
Publishing Date: 2000-10-01
Features: This book provides a systematic analysis and discussion of environmental tort law through ten parts: Preface, Environmental Tort, Environmental Tort Law and Its Historical Development, Principles of Liability for Environmental Tort, Constituent Elements, Exemptions, Means of Civil Liability, Civil Remedies for Environmental Tort, and Conclusion. Environmental tort is a special tort that results in damage to others' personal rights, property, and environmental interests due to pollution or environmental destruction. It is characterized by accumulation, latency, complexity, and widespread impact. Environmental tort significantly affects the tort liability system. Environmental tort law refers to the set of legal norms that regulate tort liability relationships arising from environmental torts causing damage to personal rights, property, and environmental interests. China has achieved considerable progress in the development of its environmental tort legal system, but there are still issues such as inconsistent systems and inadequate regulations. For example, the General Principles of Civil Law and relevant provisions of environmental law are not fully consistent, the scope of compensation lacks provisions for spiritual damages, causation presumption rules are not stipulated in the law, arbitration is not used to resolve domestic environmental rights disputes, legitimate defense is not addressed in environmental law, and administrative procedures are imperfect. Therefore, it is necessary to revise the provisions of China's Civil Law, Environmental Law, and other relevant laws to further improve the system of environmental tort law in China, enabling it to play a better role in environmental protection and sustainable development strategies.