Study on the Common but Differentiated Responsibility Principle of Environment Infringement
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    Abstract:

    The concept of environment infringement breaks through the anthropocentrism barriers and contains all the connotations of environmental pollution and ecological destruction which are caused by human environmental behaviors. Relief of the imputation principle of present environment tort mainly aims at the personal right and property right tort caused by environmental pollution and ecological destruction, but more torts towards environment and ecology can not get relief. Therefore it can’t assume the full relief responsibility for environmental infringement. According to causal behaviors of environment infringement and different natures of the Infringed rights, to learn and use the idea of common but differentiated responsibility principle in international environmental law to attribute the liabilities and set up specific responsibility attribution mechanisms, will help to get rid of one-sidedness of present imputation principle of environment tort. And it is very meaningful to realize the comprehensive, reasonable and equitable sharing and to realize ecological justice.

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孙玉中,陈德敏.论环境侵害的共同但有区别的责任原则[J].重庆大学学报社会科学版,2014,20(4):135~140

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History
  • Received:January 02,2014
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  • Adopted:
  • Online: July 01,2014
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