Study On Balancing Of Interests In Justice Of Chinese Environmental Torts

Balancing of interests, as a justice methodology, is commonly used in the justice. In China, the research of this theme in justice practice of environmental torts is deficient; however, balancing of interests of Chinese justice of environmental torts is in urgent need of guidance of the theories. USA and Japan have a lot of valuable experiences in this realm. The main problems of the research of this theme in our country are as follows. Firstly, what is the appearance background of balancing of interests? What is the connotation of balancing of interests? What are the unique characters of the balancing of interests of justice in environmental torts? Secondly, in comparative law aspect, what are helpful experiences of balancing of interests of justice in environmental torts in America and Japan? Thirdly, what are the defects of the balancing of interests in justice of environmental torts in our country? Fourthly, how shall we perfect the balancing of interests in justice of Chinese environmental torts?By using compare analysis, case analysis, logic reasoning, rule analysis, economic analysis, semantic analysis, history analysis, demonstration analysis, etc., the thesis investigated the background of the appearance of the balancing of interests in justice, differentiated and analyzed the appellations concerned, newly defined the concept of balancing of interests, analyzed the characters of balancing of interests in justice of environmental torts, studied the experiences concerned in USA and Japan, analyzed the problems of the balancing of interests in the justice of environmental torts in our country, such as poor orientation of macroscopic thought of Chinese judges, the judges of our country using less economic analysis in the justice concerned, etc., advanced proposals to deal with these problems of the realm in China by learning the mature experiences concerned in USA and Japan.