惩罚性赔偿
损害赔偿
侵权行为
立法
法律责任
范围(计算机科学)
严格责任
法学
责任
民法(民法)
补偿(心理学)
法律与经济学
政治学
清晰
业务
社会学
公法
心理学
计算机科学
生物化学
化学
程序设计语言
精神分析
作者
Qianxun Xu,Mehran Idris Khan
出处
期刊:Heliyon
[Elsevier]
日期:2023-04-01
卷期号:9 (4): e15154-e15154
被引量:6
标识
DOI:10.1016/j.heliyon.2023.e15154
摘要
The chapter on Tort Liability of the new Chinese Civil Code has broadened the types of environmental torts and expanded the scope of environmental damages. After such changes, however, deficiencies still exist. Most significantly, environmental torts are not determined by illegality, which means whether national emission standards have been violated is irrelevant. As long as damages are caused, the principle of liability without fault shall be applied. Conflicts in Chinese environmental law have led to discrepancies and inconsistencies in related judicial decisions. In this regard, this paper argues that the "theory of tolerance limit" should be adopted to redefine the meaning of illegality and further identify the conception of liability without fault for environmental damages. In addition, the punitive damages system created by the Civil Code also lacks clarity in its judgment criteria. Since the purpose of private law is reparation rather than punishment, this paper recommends that the scope of punitive damages should be clarified through compensation for loss to maintain consistency in civil legislation.
科研通智能强力驱动
Strongly Powered by AbleSci AI