Study Of Environmental Tort Civil Litigation Issues

Since the modern industrial revolution, along with the rapid development of science and technology, the transformation of human nature became more and more unbridled. Global problem of environmental pollution is serious. In China, since the beginning of reform and opening up, as the continual improvement of the people's living standard, there are increasingly high requirements of the environmental quality of the people.But generally speaking, China's current environmental situation remains grim, urban pollution is still exacerbated, and the spread is in rural areas, the environmental damage is still widening. Environmental damage incidents occur frequently on the traditional theory of civil law, in particular the law of tort had a great impact on the theory. Power is the core of the legal relationship. Traditional environmental law in pollution control, and the main content of the specific acts of human limitations, mainly a voluntary norms. And the right of the main requirement is not very clear. As the main adjustment equal civil legal relations between equal entities, in part by addressing another person pollution of the environment caused some damage. Hold perpetrators of civil liability, the realization of social justice plays a greater role. In the era of the planned economy, too much emphasis on the role of law, ignore the role of the private law, protection of private rights is inadequate. Not to use civil law to protect the environment, and that in the course of China's Environmental Protection has had twists and turns. As the socialist market economic system has been preliminarily established, the concept of sustainable development with the people, the masses of the people in the Environmental Protection enthusiasm getting higher and higher, on the basis of the existing criminal law, administrative regulations, how the civil law gives people more civil rights became more and more important.Protection of the environment is the main statutory obligations, the environment must not infringe other people's rights, the environment law prohibiting sexual norms, in violation of such obligations, constitutes a violation of the right to civil liability environment. Different from the environment in general tort liability, and also different from state liability, legal liability as the others responsible for the violations of vicarious liability, environmental tort is a special tort liability. Research of environment tort characteristics improve both legislation and judicial practice of vital significance.With China's rapid economic growth and the increasingly serious environmental pollution and destruction, especially the mass start of industrialization and urbanization, environmental tort and relief caused by environmental pollution and ecological damage became more serious. It can be expected that due to environmental pollution and the destruction of the environment and civil tort relief will become a major social problem in China. Environmental Tort is a special kind of infringement, compared to the traditional tort, whether from the legal, legislative, function and form of relief, and other aspects lot different. Faced with such violations, the traditional tort law is bound to make a major amendment and development. At present, China's law experts on the environment and tort relief of the theoretical study was not enough, the legislative incomplete, this issue of deep research is necessary.The value of the pursuit of substantive law to be adopted to ensure the achievement of procedural law. Environmental pollution in China is increasingly becoming a very serious social problem. Environmental infringement lawsuits as a special kind of tort litigation is of concern to the people of today's proceedings. It is for the protection of the victims of violations of their human and property rights, the people's courts of law to pollution and damage to the environment caused damage to their rights against the perpetrators of the damages litigation. As a modern industrial economy era, the rise of a litigation system, in many respects, developed the traditional civil action. For a long time, China's legislative and legal theory research on the environmental issue is not infringing civil clear to the judicial practice in the application of the law difficult. Therefore, the civil tort environment clarify the specific issues on the Construction and improve our environment Tort system, an effective environment for the protection of rights and interests of the parties has an important theoretical and practical significance.In this paper, the Environmental Protection Act and the Civil Procedure Law of the relevant knowledge, first enunciated the concept of environmental violations and features clearly different from its general tort particularity, then on the basis of their unique environmental infringement lawsuits identify the parties, subject matter of litigation, and litigation proceedings that issues such as aging, integrate theory and practice of judicial analysis. Reference to the relevant provisions of the Code of Civil Procedure, which pointed out that with the general tort lawsuits where is the different, suggestions for improvement, environmental pollution violations with a view to understanding and improving the litigation will be helpful to standardize the practice of the trial of the case to the people's court hearing.