环境侵权损害赔偿中的市场份额规则研究-法律（非法学）专业论文.docxVIP

环境侵权中的适用；第四部分主要分析环境侵权中市场份额规则的举 证责任这一精髓，并对举证责任转移制度加以分析；第五部分主要分 析市场份额规则在我国环境侵权中的体现，以及立法考量因素，并对 该规则在我国环境侵权中适用困境提出对策。 关键词：市场份额规则；大规模环境侵权；环境侵权责任；美国市场 份额 万方数据  RESEARCH ON MARKET SHARE L l AB I L I TY I N ENV I RONMENTAL ABSTRACT Since reforming and opening up，Chinese economy developed rapidly，and made remarkable achievements in economic construction， people’S living standards have been greatly improved．All aspects of political，economic and cultural developed synchronously，China as a world power in the international community have played an irreplaceable role．However，behind the rapid economic development，due to lack of adequate attention to environmental protection in the environment has paid a very heavy price．¨Cancer villages¨，massive environmental pollution events such as mass lead poisoning happened such as spurt， where high incidence of cancer，blood diseases generally，there are some difficulties in the process to many victims to seek legal relief．With this kind of complex mass tort cases are closely associated，this kind of mass environmental tort case is not only against public health and safety，also had a great impact on social credit itself and even to some extent unstable 万方数据  social factors also undermined social stability and unity．Therefore，to solve large—scale environmental violations is particularly important．This paper uses case studies and literature analysis，by the case led to the current problems of mass environmental tort case in China，then introduce document analysis United States market share rule theory and analysis of the rules embodied in the current legislation of environmental tort in China，finally put forward appropriate solutions to the application of the rules of market share in China difficulties． This paper content mainly is divided into five parts，the first part by ¨cancer village¨event leads problem and the corresponding of legal thinking；the second part mainly introduce market share rules of theory， including market share rules of orig