Study compensation for environmental damage in the legal system of ‎Iran and the People's Republic of China

Document Type : Research Paper

Authors

1 Department of law, Payame Noor University, Tehran, Iran

2 Department of Law, Payame Noor University, Tehran, Iran

10.22059/jcl.2023.357487.634487

Abstract

Research Article                Environment damage is considered the most significant factor of encroachment that causes weakening of the right of human life and always been needful to be protected and supported in any way. For this reason, determining the codification of the environmental damages indexes is considered one of the main concerns for compensation for these damages, and the necessity of compensating the environmental damages crimes in both legal systems under the general and special laws is approved. Many supervisors point to the reality about China that the significant economic growth in this country has had great costs relevant to this growth, especially in terms of environmental costs. In the legal systems of Iran and China, despite some differences, there are some similarities in the background of compensation solutions as well. Among the cases; in both legal systems, the basis of compensation for damage is based on civil liability from the general laws, an issue that is criticized by jurists of both countries. Nevertheless, the liability basis in Iran is the theory of fault and hazard, and in China is a pure liability, and the burden of proving the claim and causation is on the offender.

Keywords

Main Subjects

References

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Comparative Law Review
Volume 14, Issue 2
Autumn $ Winter 2023-2024
January 2024
Pages 937-964

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