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.
Bahram Soltani, Kambyz (1992). Collection of topics and methods of urban planning and environment. First edition. Tehran: Center for Studies and Research of Urban Planning and Architecture of Iran (In Persian).
Bahrami Ahmadi, Hamid and Fahimi, Azizaleh (2007). The basis of environmental civil liability in Iranian jurisprudence and law. Islamic knowledge and law, 8(2), (121-150) (In Persian).
Chen Wen & Ying Wu (2021). China’s New Environmental Protection Law and Green Innovation:Evidence from Prefecture-Level Cities. Hindawi Complexity.
Fahimi, Azizullah and Mashhadhi, Ali (2018). Shia jurisprudence and evolution in the foundations of environmental civil responsibility.Private Law Studies (Law) , 41(1), (313-326). 1001.1.25885618.1390.41.1.18.6 (In Persian).
Falah Nezhad, Fateme (2020). Fair trial in the criminal procedure process of the People's Republic of China criminal system Based on international documents. Doctoral thesis (In Persian).
Fallah Nezhad, Fateme (2022). Judicial independence and impartiality is a manifestation of fair Trial in order to protect the rights citizens; the Legal System of the Islamic Republic of Iran Compared to the People's Republic of China.Comparative Law Review, 13(2-26), (737-737). 10.22059/jcl.2022.344424.634378(In Persian).
Fallah Nezhad, Fateme and Koosha, Jaafar and Ashuri, Mohammad and Goldoust Jouybari, Rajab Ali (2022).An Overview of Criminal Justice System of China and Comparison with Iran by Emphasizing Fair Trial in Primary Investigation Stage. Legal Research, 21 (50), (187-226). 48300/jlr.2022.153653 (In Persian).
Faure Michael G/ Liu jing (2014). Compensation for Environmental Damage in China:Theory and Practice.Pace Environmental Law Review. 31 (1), 226-309
Haj Mohammadi, Mehdi (2022). Studying the preservation and maintenance of the environment in Islamic laws and international law. Law Studies, 28, (79-102) (In Persian).
Hemti, Mojtabi (2017). Filing a claim for compensation for environmental damage in Iran's legal system. Perspectives Judicial Law, 23(81), (221-253) (In Persian).
Houshman Firouzabadi, Hossein and Latifi, Zahra and Bahrami, Zahra and Sayani, Razieh (2019). Civil liability due to environmental damage. Medical Law Quarterly, 14(54), (185-213) (In Persian).
Katoozian ,Nasser (2013). Basics of public law. Tehran: Mizan (In Persian).
Katoozian, Nasser and Ansari, Mahdi (2007). Liability for environmental damages. Private Law Studies, 38(2), (285-313)1001.1.25885618.1387.38.2.14.3 (In Persian).
Khoini, Ghafoor and Karami, Saeed (2013). Civil liability caused by environmental pollution in Anfal. Knowledge of civil rights, 3(1), (59-70).1001.1.23221712.1393.3.1.6.2 (In Persian).
Li xiang & Jigging Jin (2014). Concise Chinese Tort Laws.Springer:Verlag Berlin Heidelberg.
Mahmoudi Kurdi, Zahra and Sharq, Zahra Sadat and Rezazadeh, Hossein (2021).The necessity of establishing an environmental court with a view to Iran's situation. Legal Journal, 85(115), (215-239). 22106/jlj.2021.522774.3915 (In Persian).
Mashhadi, Ali, (2013). Fundamentalization of the right to the environment in Iranian and French law. Comparative Law Review, 5(2), (559-580). 22059/jcl.2014.52955 (In Persian).
Mashhadi, Ali, (2015). Government and environment: from non-government approaches to participatory approaches. Government Research, 2(8), 59-80) (In Persian).
Michael G. Faure & Jing Liu (2012). New Models for the Compensation of Natural Resources Damage.Ky. J. Equine Agric. & Nat. Resourcel.
Motaghi, Hasan (2021). Establishment of the International Court for the Protection of Animal Rights: From Dream to Reality. Fiqh and New Laws, 2(8), (64-88). 10.22034/jml.2022.251233(In Persian).
Moulai, Ayat (2019).The challenges of implementing the polluter payment principle in Iran's Clean Air Law. Legal Studies, 12(1), (275-306) (In Persian).
Ramezani Qawamabadi, Mohammad Hossein (2013).Environmental protection in the fundamental rights of the Islamic Republic of Iran. Perspectives on Judicial Law, 18(63), (140-93) (In Persian).
Rostami, Mohammad Zaman and Rostami, Mohammad Hadi (2018). The process and theoretical foundations of the approach of economic analysis of rights and its effect on economic growth. Encyclopaedia of Economic Laws, 26(16), (55-76). https://doi.org/10.22067/le.v26i16.73538 (In Persian).
Shamloo, Baqir and Qolipour, Gholamreza (1401). Galston's legal legacy: rereading the birth process of the ecocide concept of. Criminal Law Research, 13(1-25), (254-225). 10.22124/jol.2022.19312.2112(In Persian).
Shams, Irfan (2020). Economic analysis of the civil responsibility system and regulation in dealing with environmental pollution. Judicial Law views, 25(91), (137-158) (In Persian).
Taheri, Samia and Hosseini Moghadam, Seyed Hassan and Falah, Mehdi (2022). The different concept of harm in environmental damages with a comparative study in international documents. Geography and Regional Planning, 12(2-46), (903)-921) (In Persian).
Under the guidance of Jafar Kosha. Tehran: Islamic Azad University, Science and Research Branch. History of Defense 2019. /10/03 (In Persian).
Zhuhao (2017). Is an oral-evidence based criminal trial possible in China?. The International Journal of Evidence & Proof, 21 (1-2), 52-68.
Weiyu (2020). The Reform of the Compensation System for Ecological and Environmental Damage in China:Natural Resources, Environmental Damage in China:Natural Resources, Environmental Enforcement,and Legislation Environmental Enforcement,and Legislation. Natural Resources Journal.60 (1), 63-102.
Xiao Zhu (2016). On the Legislation Blue Print of Integrated Prevention and Remedy.comparative law research, 3.15-23.
Zhang, Jinfan (2014). The Tradition and Modern Transition of Chinese Law.Springer:Verlag Berlin Heidelberg.
Zhang, mo (2011). Tort Liabilities and Torts Law:The New Frontier of Chinese Legal Horizon.Richmond Journal of Global Law & Business,10 (4), 415-495.
Fallah Nezhad, F., & Mousavimobarake, M. (2023). Study compensation for environmental damage in the legal system of Iran and the People's Republic of China. Comparative Law Review, 14(2), 937-964. doi: 10.22059/jcl.2023.357487.634487
MLA
Fateme Fallah Nezhad; Mahbobe Mousavimobarake. "Study compensation for environmental damage in the legal system of Iran and the People's Republic of China", Comparative Law Review, 14, 2, 2023, 937-964. doi: 10.22059/jcl.2023.357487.634487
HARVARD
Fallah Nezhad, F., Mousavimobarake, M. (2023). 'Study compensation for environmental damage in the legal system of Iran and the People's Republic of China', Comparative Law Review, 14(2), pp. 937-964. doi: 10.22059/jcl.2023.357487.634487
VANCOUVER
Fallah Nezhad, F., Mousavimobarake, M. Study compensation for environmental damage in the legal system of Iran and the People's Republic of China. Comparative Law Review, 2023; 14(2): 937-964. doi: 10.22059/jcl.2023.357487.634487
)