On The Perfection Of Environmental Tort Liability System In China

People’s primitive lifestyle has been turned into a modern one by the industrial revolution; the advanced productive force pushes the development of science and technology forward. We have acquired more in recent years than the total number over the past hundreds or even thousands of years. However, when we are enjoying the advanced achievements we also have to bear some negative impacts. Although our national economy has make a spurt of progress in recent years, the problems of environmental pollution and environmental destruction have become more and more serious, which leads to the increase of environmental tort disputes. These events bring not only great loss to people’s lives and property, but also greatly damages to natural resources and ecological environment in the related area. It is a serious threat to human survival and development.In addition to the introduction and the conclusion part, the thesis is divided into four parts, with each part gradually investigating China’s environmental tort liability system. The first part of the thesis analyzes the relevant environmental right, environmental tort, and environmental tort liability; through the analysis, the author forms a theoretic basis for environmental tort liability in economics and jurisprudence foundation and value orientation. Then, the author focuses on the analysis of environmental tort liability and exemptions. The second part analyzes the progress we have made and the problems exist in China’s environmental tort law legislation, through the analysis, the author illustrates the current situation of our environmental tort liability system, then demonstrates the necessity and practical significance of perfecting the environmental tort liability system in china. In the third part, the author expounds the differences between continental legal system and Anglo-American legal system in environmental tort liability system, and comes to a conclusion that we should take advantage of foreign environmental tort liability system and perfect our own environmental tort liability system on the basis of our national conditions. In the fourth part, the author puts forward suggestions and measures to improve our environment tort liability system on the basis of the above analysis. Three aspects are mentions there, they are the purpose of legislation, the legislative model and the concrete ways.Environment problems are urgent problems and widespread concerns for human beings. A good environmental tort liability system is beneficial to the settlement of environment problems. As a developing country. China is now facing a severe task in protecting environment and developing our economy. So the research of the environmental tort liability system has realistic significance. The arm of the law should be guaranteed by laws and regulations, so, to establish and improve the environmental tort liability system is a prerequisite to achieve environmental rights. Improve the environmental tort liability system is the focus of this paper.