Reflection and Reconstruction: Tort Law Relief Mechanism of Ecological Interest Damage
DOI:
Author:
Affiliation:

Clc Number:

Fund Project:

  • Article
  • |
  • Figures
  • |
  • Metrics
  • |
  • Reference
  • |
  • Related
  • |
  • Cited by
  • |
  • Materials
  • |
  • Comments
    Abstract:

    The ecological benefits and economic interests constitute the two aspects of environmental right. Damage of ecological interests is independent environmental damage. Tort law, as a typical private law relief mechanism, its relief function and prevention function can effectively make up the defects of public relief mechanism. In the relief of the ecological interest damage, our tort law relief mechanism has many defects, such as lag of legal values, with only a single remedy claiming subject, lack of prerelief and vague damages scope. The author recommends to choose “ustainable development” for the concept of intrinsic value, expand the subject of claiming tort remedy, attach great importance to the prevention mechanism of tort law and clarify the scope of damages, so as to give full play to the tort law to give remedy to ecological interest damage.

    Reference
    Related
    Cited by
Get Citation

王莉.反思与重构:生态利益损害的侵权法救济机制[J].重庆大学学报社会科学版,2009,15(6):96~100

Copy
Share
Article Metrics
  • Abstract:
  • PDF:
  • HTML:
  • Cited by:
History
  • Received:June 03,2009
  • Revised:
  • Adopted:
  • Online:
  • Published: