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In environmental pollution tort, the exemption clause means that even if the damage caused by illegal pollution discharge, civil liability may be mitigated or exempted for rare reasons or legal reasons (such as force majeure, fault of the injured party or influence of a third party). China's current environmental protection law stipulates three exemptions. These provisions are intended to clarify the scope of responsibility of the actor under specific circumstances, but they are clearly stipulated in constitutional laws or special environmental protection regulations.
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899 readings
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In environmental pollution cases, the principle of inversion of the burden of proof is adopted, and the defendant (polluting enterprise) needs to prove that its activities have nothing to do with the accident; If it is impossible to provide evidence, bear the responsibility. However, the plaintiff still needs to prove that it is indeed polluted and the details of the loss, and both of them need to bear the burden of proof.
#Environmental protection
1125 readings
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In the case of environmental pollution infringement, the responsible person should bear the responsibility of economic compensation to make up for the losses of the injured party. The court fairly determines the amount of compensation based on objective evidence, such as appraisal report, business loss analysis or contract agreement. The appraisal institution calculates the economic loss through professional means, and the business loss is calculated according to the actual business loss and the agreement. These methods ensure the justice and fairness of the judgment.
#Environmental protection
934 readings
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The person responsible for environmental pollution tort needs to compensate for economic losses, and the court usually uses objective criteria to determine the amount of compensation. The professional evaluation report of the appraisal agency, the estimation of the victim's business profit (such as the business losses of individual businesses), and the agreement between the victim and the infringer or a third party are common adjudication methods. Professional appraisal organizations use scientific methods to quantify losses, and agreements are taken as direct evidence.
#Environmental protection
1308 readings