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Xiaobo, Zhao; Jianwei, Zhang --- "Environmental liability" [2015] ELECD 603; in Tianbao, Qin (ed), "Research Handbook on Chinese Environmental Law" (Edward Elgar Publishing, 2015) 320

Book Title: Research Handbook on Chinese Environmental Law

Editor(s): Tianbao, Qin

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857931412

Section: Chapter 15

Section Title: Environmental liability

Author(s): Xiaobo, Zhao; Jianwei, Zhang

Number of pages: 22

Abstract/Description:

Under the Chinese environmental law context, ‘environmental liability’ refers to an obligation based on the principle that a polluting party should pay partly or entirely for damage caused by its activities. As an umbrella term, it includes three types of environmental liabilities: the civil liability, administrative liability and criminal liability, which most of the private and public law actions involving environmental harm may commonly rely upon. Violators may face potential fines, penalties, or jail terms for violations of various environmental statutes. This chapter will first explore the nature and definition of each type of environmental liability. It will then consider the components of each liability which include the scope of each liability, liability standards and remedy issue may in recent times have been supplemented by China’s Criminal Law 1997 (as revised) and the Environmental Protection Law 2014.