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The Divide Of Environmental Pollution In Civil And Criminal Liability

Posted on:2014-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:S G YuanFull Text:PDF
GTID:2266330428960718Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The problem of environment pollution is increasing seriously, which has drawn greatattention of the whole society. Many countries and regions in the world are using legalmeans to control environmental pollution problems. The civil liability and criminal liabilityof environment pollution as an effective means, to punish environmental pollution isattracted more and more attention of the countries. In the judicial practice in our country,however, people always confused with the civil liability and criminal liability of theenvironment pollution. Not only in the relationship between civil liability and criminalliability is blurred, also led to the civil and criminal judicial practice. Therefore, in-depthstudy of civil liability and criminal liability of environmental pollution, as well ascommonalities and differences between these two kinds of responsibility is vital. This paperanalyse the civil liability and criminal liability of environmental pollution issue andresearch status at home and abroad, and research the two divisions is of great significance;Second,analyse the pollution to the environment, the concept of civil liability and criminalliability, deduce the concept of environmental pollution civil liability and environmentalpollution criminal liability through the exploring; Again, analyse the phenomonon ofemphasis the civil liability and why this phenomenon would be happen.Then, adopt themethod of comparison, respectively from the pollution of the environment civil liabilitylegislation idea, the principle of liability fixation, constitutive requirements, responsibilitymeans, liability for five aspects carries on the contrast to find the difference in these aspects,which will make contributions to the judicial practise; Finally, on the basis of comparison,discuss the judicial practice should be how to define and provide some suggestions.
Keywords/Search Tags:Civil liability for environmental pollution, criminal liability for environmentalpollution, divisions
PDF Full Text Request
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