郑荣山:论环境侵权损害赔偿诉讼时效制度之完善：困境与出路(三)
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dicament of China’s current limitation of action system of compensation for environmental tort infringement, specifically including the period of limitation of action is not long enough, starting point is not reasonable and the negligence of compensation for potential environmental infringement. Therefore, author contrarily puts forward the view of modifying the starting point and the way of eliminating the different treatment of limitation of action applied to potential damage compensation. The Article 42 of the Environmental Protection Law should be modified as“counted from the time when the party becomes aware of or should become aware of the pollution losses and the specific offender who should be liable for compensation.” The limitation of action is applicable to the property damage caused by potential environmental infringement, but not to the personal injure. Key words: Environmental Tort; Limitation of Action; Potential Damage 作者简介：郑荣山（1988-），男，福州大学法学院2010级环境与资源保护法，法学硕士，研究方向：环境侵权。 484 |
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