On The Tort Liability Of Ecological Damage

Ecological damage has become a major and universal problem encountered by humankind, and it also gained much attention from experts and scholars worldwide. While exploring economic, political, scientific and technological solutions to the issue, we find that legal means will undoubtedly play a very important role.The ecological damage to the environment infringement refers to the physical damage to the ecological environment caused by people's actions, and thus causes degradation of regional environment and degeneration of ecological functions as a result of the interactions among the environment components and functions. The tort liability of ecological damage to the environment, as one kind of environmental tort liability, is different from traditional environmental tort liability which only regards ecological environment as a"medium"leading to damage of personal or property interests. Nowadays, our country is still in the initial stage both in legislation and in theoretical research concerning tort liability of ecological damage to the environment. In his paper, around the topic of the tort liability of ecological damage, the author conducts an in-depth research and discussion on the concepts, theories, cases and legislation of ecological damage to the environment infringement through various methods, such as historical analysis, comparative analysis, case analysis, type analysis and systematic analysis, and presents some views and opinions for the purpose of perfecting China's environmental tort system for ecological damage.This paper includes six parts: introduction, overview of ecological harm environment tort liability, foreign ecological environment damage liability practice, structure of tort liability of ecological environment damage, the approach to perfect the system of tort liability of ecological damage to the environment and conclusion.The first chapter is an overview of the tort liability of ecological environment damage. As a basis to the whole paper, the author defines and analyzes the related theories of tort liability of ecological environment damage, including the concept, characteristics, forms of tort liability of ecological environment damage, and the necessity of placing a research as well.The second chapter is a comparative analysis on foreign mature liability system and legal norms concerning ecological environment damage infringement, including the introduction to the system of the practice of environment infringement of ecological damage of the United States, Russia and the European Union, in order to provide a reference for our country to improve the ecological environment tort system.The third chapter introduces the structure of tort liability of ecological environment damage. It mainly introduces the differences between tort liability of ecological environment damage and the traditional environmental tort liability in aspects like imputation principles, constitutive requirements, and reasons of impunity.The fourth chapter presents how to perfect our country's ecological environment damage tort system, including the following three aspects: strengthening and perfecting our country's ecological environment damage tort liability legislation, establishing supervision mechanism of ecological environment damage tort liability, and establishing socialized filling mechanism of ecological environment damage tort liability.