Study On Civil Liability System In Environmental Tort

Environment is the basis of human survival and development, It has been the focus of the world in all ages. At present, Chinese economy is undergoing a period of rapid development, the growing shortage of resources and the fragile environment is facing increasing pressure. It is an exigent problem to make harmonization between social development and environmental improvement and achieve sustainable development in China. Civil law plays a important role in environmental protection. To research the environmental tort has been of great value for the theory and practice of environmental protection. The study on balancing of interests in environmental tort system has been many years in western countries, reflected in the current legal system. But concern for the study on civil liability system in environmental tort under the view of balancing of Interests theory is not more in China nowadays, the laws also haven't been defined clearly. This study is under the view of balancing of interests to research civil liability of environmental tort accordingly, giving full consideration to the relationship of economic development and environmental protection, and the relationship of the contemporary members and future generations, as well the "balancing point" of interests between the rights of the victims, social interests and environmental interests found between the interests of "balance point". The article beginning from the basic environment tort theory, analyze the balancing of interests which is the guiding principles in environmental tort remedy. Under the view of balancing of interests, it detail on the environmental tort system, give my advices about the defects of present legal system in China. At last, it uses the mature legal system in western developed countries for reference, put forward the initial ideas on construction of the environmental liability insurance system, the environmental public compensation system and punitive damages system.