Abstract
“Discharge of pollutants” not only includes the action of actively putting or introducing pollutants, but also negative pollution that accompanies the production activities of an enterprise.
Collegial Bench: Wenchao Wei, Hua Zhang and Xiaofei Liu
Edited by Deqiang Han; translated by Jialiu Xiao
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Notes
- 1.
参见最高人民法院侵权责任法研究小组编著:《 < 中华人民共和国侵权责任法 > 条文理解与适用》,人民法院出版社2016年版,第452页。
- 2.
This article is now included as Article 1229 of the Civil Code: “(f)or damage caused to other parties by environmental pollution or disruption of ecological balance, the tortfeasor shall assume liability for tort.”
- 3.
This article is now included as Article 1229 of the Civil Code: “(f)or damage caused to other parties by environmental pollution or disruption of ecological balance, the tortfeasor shall assume liability for tort.”
- 4.
See Article 41 of the Environmental Protection Law, Article 90 of the Marine Environment Protection Law, Article 85 of the Water Pollution Prevention and Control Law, Article 62 of the Atmospheric Pollution Prevention and Control Law, Article 85 of the Solid Waste Pollution Prevention and Control Law, Article 61 of the Environmental Noise Pollution Prevention and Control Law, and Article 59 of the Radioactive Pollution Prevention and Control Law, etc.
- 5.
This article is now included as Article 1230 of the Civil Code: “(f)or disputes arising from environmental pollution or disruption of ecological balance, the actor shall assume the burden of proving any circumstance of mitigation or exemption and the nonexistence of a causal relationship between its action and the damage.” Infra.
- 6.
This article is now included as Article 1233 of the Civil Code: “(f)or environmental pollution or disruption of ecological balance caused by a third party, the victim of tort may claim compensation from either the tortfeasor or the third party. After making the compensation, the tortfeasor may lodge a compensation claim against the third party.” Infra.
- 7.
This article is now included as Article 180 of the Civil Code.
- 8.
参见安建,黄建初主编:《中华人民共和国水污染防治法释义》, 法律出版社2008年版。
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Wei, W., Wu, K. (2022). Han X v. PetroChina Jilin Oilfield Company. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-16-8410-4_18
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DOI: https://doi.org/10.1007/978-981-16-8410-4_18
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