Take Legal Proceedings Against Enterprises To Analyze Civil Liability Of Environmental Tort

Along with the economic development goes rapidly, various industries have being expanded when people devote their mind to the benefits. But several issues of environment appeared and went worse and worse, with the behavior of environmental torts at the same time. In recent years, people’s environmental consciousness has been enhanced and they expected a solution to safeguard their legitimate rights. And in Chinese legal system, the regulation of environmental torts’ liability was specified on the General Provisions of the Civil Law, the Environmental Protection law and other regulations of it. That means our nation’s relevant laws are becoming more advanced and the system has been built too.But during the proceed of practices, we usually cannot confirm the torts’ reason, degree and the effects, that makes it unavailable to be righteous on the technical layer. As is known to all, the status of each party is not equal at all in these environment infringement cases. The victims are always ordinary citizens, while the other side are usually enterprises or corporations that has been approved by the government. So, it’s vital to protect the victims’rights in these inequitable relationships.In this part, the author’s selection is representative on a specific environmental tort case, which is not only a normal case but also including the theoretical issues on Contributory Infringement and Mixed Responsibility. Try to research the key elements of environmental torts, and analyze the difference results between the1st instance and2nd instance. Then get the logical conclusion and give us some corresponding suggestions from the lawmaking and juridical practice. Ensure that could well support the Environmental Tort’s theoretic and practice.