论环境侵权责任免责事由民商法学专业论文.docxVIP

1 1 2 2 Abstract Except the introduction, this thesis is divided into five parts and has more than 40,000 words. The first part is the general introduction of the exemption reasons of tort liability, by means of semantic analysis. In the first part, this thesis defines the relationship between the tort liability and the environmental tort liability. By comparison, there is a notable difference of the tort liability and the environmental tort liability. The criterion of liability of the environmental tort liability is no-fault liability. Then, this thesis discusses the meaning and the status. The exemption reasons of tort liability are the objective facts of exempting the civil liability of the infringer. The exemption reasons of environmental tort liability are the objective facts of exempting the environmental tort liability of the infringer. The relationship between the exemption reasons of tort liability, criterion of liability and constitutive requirements reflects the status of the exemption reasons in the system of the tort liability. The second part is the analysis of the comparative law of the exemption reasons of environmental tort liability, by means of comparative approach. The criterion of liability of the Japanese tort liability is the fault liability, and the special provision of law is the exception. The exemption reasons of environmental tort liability are divided into two types, namely the exemption reasons of fault liability and the exemption reasons of no-fault liability. In German civil law, the force majeure, victim’s fault is not all the exemption reasons of environmental tort liability, and the exemption reasons depend on the particular cases. In America, the environmental tort liability adopts the exemption reasons according to the different types of tort liability, and the exemption reasons which apply to all environmental tort liability do not exist. Under the principle of no-fault liability, the exemption reasons of the civil law system an