A Commercial Law Perspective of Protection of Infringed Party Involved in Marine Environmental Tort
Production and Business conduct of enterprises create large amount of social material fortune, meanwhile, they also become the prime source of maritime pollution. It is exactly this double-side character that entraps legislators in a paradox of value orientation when they try to protect infringed parties involved in marine environmental tort. This article, through analysis and discussion concerning theory of equity value of commercial laws, which is centered on maximum profit, suggests that, although commercial laws encourage making profit, they do not indulge it, and while economic interests are promoted, social responsibility shall also be emphasized at the same time. Those unique thoughts and theories of commercial laws in regulating commercial relations make commercial liability system and rules more advantageous in the protection of infringed parties whose interests are damaged by commercial conduct. Therefore, discussion of protection of infringed parties involved in marine environmental protection under the framework of commercial laws possesses more positive meanings, which are embodied in different aspects such as choice of basis of liability, attitude towards pure economic losses, and delimitation of scope of joint and several liability subjects.
Commercial Law Profit Making social libility Marine environmental Tort Protection of Infringed Party
Lin Yi Xin
Law School of Dalian Maritime University
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
573-586
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）