Environmental Tort Liability System

Environment is the foundation that human being exists and develops. the concern on today's environmental problem has reached an unprecedented high degree. Our country is placed in the period of economic development with high speed ,the increasingly missing resources and the original weak environment are facing with more and more big pressure. The problem that we must face is how to make the proceeding of social development and environmental improvement coordinative improvement, and realize the continue development.Civil law plays an extremely important role in environmental protection ,and the studying of the environment tort has great value to academic theories and society .The writer puts out his own definition by analyzing the concept of environmental tort ,and especially the statement on the construction of civil liability system of environmental tort and the relieving system of environmental tort .There are there parts in this thesis:The first part: The concept and characters of environmental tort Firstly , environmental right .This part discusses the created process and features of environment , also claim that environment should have human right attribution . "Environment tort" can be defined that the fact that caused by the subject's behavior ,which leads to the adverse change of environmental quality and damage or the possibility of damage to the benefits of the public and others. In addition, the author divides the features of environment tort into four parts to expound.The second part: The construction of civil liability system of environment tort . It is the core of the paper . Firstly ,in the liability principle of environment tort , the writer points out the emergence and establishment of faultless liability is the certain results with evolution of civilization .Secondly ,the article discusses the illegal activities are unfit to be used as the reasons of the important constitution of environment tort .Thirdly ,with the variety and complexity of the environmental tort's cases, the writer think that the multi-cause-and-effect relationship has the more efficiency and fairness .In the way of liability ,the rationality of the compensation caused by the spiritual damage is decided by the verity of the spiritual pains that the victimsuffered .in addition ,the writer thinks that the due defense still is the citizen's legal rights, and it can also be the independent traverse reason.The third part: The relieving system of environmental tort . The main function of public relief .we can't still obliterate the private function and restrict the rights of victims .It not only belongs to the person's instinct ,but also matches the request of social equality and justice .In addition ,the adoption of the mixed compensation system can contain two basic values—personal freedom and liability and social security .