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Regulatory Compliance as Defense in Risk Society: Viewing from Environmental Judicial Cases

Peking University Law Journal, Vol. 3, 2015, pp. 125-158

Peking University School of Transnational Law Research Paper No. 16-4

27 Pages Posted: 18 Nov 2015  

Jin Zining

Peking University School of Transnational Law

Date Written: May 16, 2015

Abstract

In risk society, damages caused by activities in compliance with various regulations are very common. The issue of whether regulatory compliance can be a defense to tort liability acquires significance both in theory and practice. Falling into the twilight zone between private law and public law, however, this issue has yet been under-researched amongst China’s legal academics. Beginning by analyzing a widely-cited environmental tort lawsuit in China, this article reconsiders the issue by examining the related prevailing opinion and positive law in China, and drawing on the Endurance Limitation Theory from Japanese environmental law. Ultimately, it is proposed that in general the regulatory compliance shall be considered in deciding tort liability, and in specific cases the regulatory compliance shall be assigned different weight according to the specific category of the regulatory norms involved.

Keywords: risk regulation, regulatory compliance, environmental torts

Suggested Citation

Zining, Jin, Regulatory Compliance as Defense in Risk Society: Viewing from Environmental Judicial Cases (May 16, 2015). Peking University Law Journal, Vol. 3, 2015, pp. 125-158; Peking University School of Transnational Law Research Paper No. 16-4. Available at SSRN: https://ssrn.com/abstract=2691829

Jin Zining (Contact Author)

Peking University School of Transnational Law ( email )

University Town
Xili Nanshan District
Shenzhen, Guangdong 518055
China

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