Study On The Environmental Tort In Eco-tourism

Eco-tourism ,as a new type of tourism, has become fairly popular, the increasing number of people in the growing eco-tourism, which give rise to a severe challenges to the capacity of the ecological environment , the basis for eco-tourism a. The primary considerations during the development of eco-tourism are how to protect the environment and prevent pollutions. In a thorough protection system of eco-tourism, environmental tort is the major problem, particularly when it refers to the relief of environmental violations to be solved efficiently and effectively, an advanced legal system is an effective way. Eco-environment as the basis of eco-tourism is an important foundation for the human environment, once ecological environment was destroyed; it will take long time, generally several generations, to recover. It is quite probably that it may never be recovered any more. Since the middle of last century, mankind has recognized that in order to restore and improve the environment that has been deteriorated, we have to do long-term unremitting efforts, the task is quite arduous, we have paid heavy price for the damage to the environment during the industrial development .We are now in a large-scale eco-tourism development stage that we should draw lessons from history to ensure eco-tourism to develop stably and orderly , do not make eco-tourism another victim of human activity, only that can keep a harmony relationship between men and the nature.This paper is combined with the characteristics of the development of eco-tourism and the development of our country, on the basis of the theory in China's current system of tort law to analyze the environmental infringement and put forward the initial idea of eco-tourism environmental infringement legal system. In addition to the epilogue, there are three parts:The first part is the concept of eco-tourism environment infringement. First of all, it describes what is eco-tourism, eco-tourism, the difference between traditional tourism and ecotourism development in China, which reveals the importance of developing eco-tourism. Secondly, this part tells environmental tort theory of eco-tourism and eco-tourism concept of environmental tort in association with the understanding of the concept of environmental tort in order to have a further theoretical description of the environment .And thus to protect environment while develop eco-tourism, finally finding a balance between the environment and economic development.The second part is about the legal system of eco-tourism related with environmental tort theory. As for the study of infringement on the eco-tourism we have to learn the related theory deeply. In this part of we did a a systematic analysis and research on the environment infringement, including eco-tourism environment Tort Liability Principle , the three constituent elements, infringement exemptions, such as tort liability for the manner described, followed by the infringement on the type of eco-tourism environment, including tourists, tort, infringement tourism industry, the type of government infringement. And in the end we analyze eco-tourism environment infringements theory, private relief, public relief, and social relief.The third part is analysis and evaluation of the eco-tourism in China's current environmental tort law system and the Construction of the preliminary concept of tort system on the basis of eco-tourism environment. In the perspective of our current system of tort law, the legal protection defects still exist. Although the categories of environmental legislation have been more refined, other civil, criminal and administrative laws also have the relevant regulations; the legislation still can not achieve the consistent level of eco-tourism protection requirements. To build eco-tourism environment tort system , we must point out the concept of environmental rights, then focus on improving the existing environmental legislation, environmental legislation, put the eco-tourism on the agenda, and improve other related legislatures. Finally we shall wok out adequate relief for protection of eco-tourism, eco-tourism environment according to the characteristics of environmental.