This report includes the following items: the establishment of environmental damages and compensation system, the draft of the Environmental Compensation and Reimbursement Act, the drafts of the Enforcement Rule of the Environmental Compensation and Reimbursement Act and its relevant regulation, the translation of German Environment Compensation Act and its comments, etc.
This report collects almost all of the law governing tort liability among Taiwanese law, and examines them in terms of the requirements to establish the tort liability. Further, it explores the court decisions concerning the environmental compensation in USA, Japan, Germany, HK, and France. It focuses on the issues such as causation, infringed interests, wrongfulness, and damages, etc.
Furthermore, this report makes a comparison among different laws governing tort reimbursement, including the Protection of Criminal Victims Act, the Redress of Medicine Injuries Act, the Labor Fundamental Standard Act, the Car Accident Insurance Act, etc. In addition to discussing the rules under those laws, it also makes clear the reimbursement practices through interviews.
Under Chapter seven of this report, a draft of the Environmental Compensation and Reimbursement Act and the drafts of the Enforcement Rule of the Environmental Compensation and Reimbursement Act and its relevant regulations are provided in order to for the government to enact the law in the future.
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