The Civil Protection Of Environment Tort

At the beginning of2013, the people who live in Beijing, tianjin and hebei, did not feelthe sunshine of the New Year, but in the thick fog haze covered under spent the first month ofthe New Year, on the surface fog haze is caused by the adverse weather conditions, but thedeeper reason is that China’s rapid industrialization and urbanization, the accumulation ofenvironmental problems appeared in the process of. The fog haze weather caused by theatmospheric pollution problems to industrial production, transportation and public health hasbrought great influence, also has caused the great attention of the two sessions on behalf ofthe members. The fog haze weather is just the tip of the iceberg for China’s environmentproblem, faced with increasingly serious noise pollution, air pollution, water pollution, solidwaste pollution, organic compound pollution and so on. In addition to strengthenenvironmental propaganda, circulation, green, low carbon economy development, also mustby law enforcement to stop and punish offenders to the destruction of the environment, thesurvival of humans in order to protect our environment. Environmental tort civil liability isone of the three big environment legal liability. Research environment tort civil liability, thedevelopment and implementation has important value of the environmental law, to protect theecological environment, sustainable development also has important promoting role. In thispaper, the concept of environmental tort and civil liability of environment infringement andcharacteristics, on the basis of theoretical analysis, and through the comparative analysis ofthe foreign developed country mature and perfect system of environmental tort civil liability,points out the shortages of our country environment tort civil liability system and putsforward the corresponding improvement Suggestions.This article altogether is divided into four parts: the first part is the summary ofenvironmental tort civil liability system. This part mainly discusses the concept andcharacteristics of environmental tort, the concept and characteristics of environmental tortcivil liability, this part through the analysis of several typical definitions of environmentinfringement, environmental tort is defined as environmental pollution or ecologicaldestruction caused by human activities, and thus damage to the personal and property rightsand interests of others. Induces environmental violations subject with inequality, environmental tort is indirect, with sex, injury consequence is latent, sustainability, scope ofinfringement has universality, causality has the characteristics of complexity.The second part is the foreign system of environmental tort civil liability of comparativeanalysis and reference. Compared with western developed countries, environmental tort ofcivil liability system in our country is still not perfect, there are large gaps. To this end, thispart from the environmental tort imputation principle and causality presumption rules, waysof liability, damage relief mechanism, analyzed the United States, Japan, Germany, the threeenvironmental tort of civil liability system of western developed countries, points out theenvironmental tort civil liability system in China needs to be perfect.The third part is the present situation of the environmental tort civil liability system inChina. By comparing the western developed countries complete system of environmental tortcivil liability, which leads to the present situation of the environmental tort civil liability inour country and points out deficiencies.The fourth part is the improvement of the system of environmental tort civil liability.Purpose of this study is to perfect the system of environmental tort civil liability in ourcountry, to promote the development of our country’s environmental protection enterprise,therefore, this part is our country environment tort civil liability system has disadvantages ofput forward the corresponding improvement Suggestions.