Assessment And Thinking Of The Legislation Of The Hidden Tort Of Environmental Pollution

With the enhancement of the trend of globalization, the continuous development of science and technology and expansion of the ecological impacts of growing population of human beings the new environmental issues are emerging constantly. Hence the ecological balance has been broken. The natural disasters occurred frequently. And the epidemic caused by environmental pollution propagated now and then. It is resulted that infringement cases caused by environmental pollution continue to occur and it has aroused wide attention and vigilance from the public.According to the point of view on traditional civil law, the objective existence of the fact of damage is not only the base of occurrence of legal relationship between tort damages and the relative compensation but also the precondition of composing the tort. The damages caused by common tort usually lead to direct harm to the people themselves and their own property only. Its process is directive, obvious and simple. However the process of the damages caused by impacts of environmental pollution can be even more complex. This process can be summarized as:the formation of pollutants at sourceâ†'emission of harmful pollutantsâ†'harmful pollutants come into the medium (such as air, water, soil, etc.)â†'harmful pollutants enter into the field of the victimâ†'the damage occur at last. From the above it can be seen that the damage caused by environmental pollution doesn’t directly impact the person and his or her property but is completed after a series of complex latent persistent processes. Although it is certainly hard to identify the damage, the ultimate harm exists indeed objectively. The author puts forward a inquiry here:when harmful pollutants form at pollution sources and come into the field of the victim, it has destroyed the environment he or she live in but it doesn’t cause damage to the person and his or her property which regarded as hidden damage state, should the producer of the damage bear the corresponding legal responsibility?The author brings forward the concept of hidden tort of environmental pollution, presents its main forms and major characteristics and then explains the current status of justice. The deficiency of lawmaking and the judicial obstacle is also mentioned and the situation that many victims can’t obtain safeguard of law is pointed out which cause the connivance of irregularity and crime against environmental law and even results in the persistent deterioration of environmental issue. On the accordance to legal principle of fairness and justice it is thought by the author from the perspective of sustainable development that the condition should be included in the scope of judicial guarantees. In the end the author makes the legislative thinking through the research on the three aspects of the essential elements of civil liabilities of the hidden tort of environmental pollution, the tracing after its criminal liability and the relevant judicial almsgiving.Because the hidden tort of environmental pollution is concerned with many issues like civil law, criminal law, environmental law and so on, it is the intercross area of these laws and it is a very systematic law issue. The problem can’t be solved only by changing a law or adding up the number of the law items. Putting forward the ideas above, the author therefore wishes to arouse the common concern from everyone to consummate the judicial system in the area altogether.