環(huán)境侵權(quán)民事責(zé)任若干問題研究.pdf

1、煙臺(tái)大學(xué)碩士學(xué)位論文環(huán)境侵權(quán)民事責(zé)任若干問題研究姓名：楊帆申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：民商法學(xué)指導(dǎo)教師：范李瑛20100312IIAbstract The environment is the basis for human survival. With the development of society, torts break the original scope and model of violations and many ne

2、w types appear. Environmental violations is one of them. Today, with the rapid development of socio-economic, environmental violations are one after another, giving the party a serious impact . How to regulate environmen

3、tal tort and how To address environmental issues related to infringement are the tasks that researchers must face. In this paper,the auther starts with the concept of environmental violations. Analysis the causal relatio

4、nship between environmental tort, imputation principles and compensation for moral damage. Combining theory and practice abroad, make clear for a number of controversial issues ,and relying on the typical case, clarify c

5、ontext of development of environment tort liability . Sort out the relevant issues and put forward my own proposals. This paper is divided into four parts: Part I: the basic theory of environmental violations. First,

6、 the concept of infringement of environmental is analyzed.Environmental violations should adopt a broad concept. Secondly, distinguish the differences between two types of environmental problems.Secondary environ

7、mental problems are subjects of environmental violations. And how that secondary environmental problems occurred was interpreted. Part II: The causal relationship of environmental tort. First we studied foreign theori

8、es, and use them to guide us in domestic practice. Secondly, explain how to proof the relationship between cause and effect of environmental tort.We can use the theory of indirect evidence to the contrary to guide our ju

9、dicial practice. Again study the legislative approach of causal relationship,point out that China adopt presumption-type and the legislature expressly provided type. Part III: the attribution of the principles of enviro

10、nmental tort. After analyze the foreign practices,the auther point out that we use implemented no-fault liability with reasonable.And also no-fault liability was not perfect. Part IV: environmental tort compensation for