The Pollution Of The Environment Infringement Question Research

In recent years, along with our country society and the rapid development ofeconomy, some local governments and enterprises in the one-sided pursuit ofeconomic growth at the same time, it ignores the protection of ecological environment,the ecological environment of the different degree of deterioration, environmentalpollution resulted from a series of tort problem appears. The environmental pollutioncaused by the civil subject person and property damage result is immeasurable, notconducive to the harmonious development of society. In2009our countrypromulgated the" tort liability law", which on the environmental pollution liabilityprovisions, is our country environmental pollution damage caused by the issue of agreat leap forward, make some interpretations of laws and regulations into law.However, the environmental pollution damage caused by the infringement ofregulations also has some defects, this article through the research and study ofChina’s environmental pollution damage caused by the infringement behaviordevelopment and current situation of environmental pollution, as well as to civilliability for damages caused by the inquisition, have reached for environmentalpollution damage caused by the problems presented more efficiently suggestions.This article altogether divides four parts, the first part mainly from theenvironmental pollution caused by problems of basic theory, the concept ofenvironmental tort law has been a controversial problem, a lot of scholars on theconcept expressed his point of view, this article from the broad and narrow sense twoperspectives on this issue to be studied environmental tort, reason have three elementsthat implemented the tort, infringed object and media. Now environmental tort in avariety of ways, through the air, water, land and other media for the pollution, andalso a light pollution, noise pollution and radioactive contamination and so on newway, environmental pollution damage caused by the infringement behavior andgeneral civil tort behavior, has its own unique. The second part from the cessation of the infringement, eliminate the obstruction,elimination of danger and compensate for the loss of four respects discussed theenvironmental pollution caused by the civil liability, including the compensation forspiritual damage compensation for the victims of environmental pollution, thepromulgation of the new" tort liability law" also made relevant provision, so far,China really have a law stipulate the spirit damage compensation. The author thinksnot to " illegal" as the exit of constitutive requirements of tort liability. In theenvironmental pollution damage cases, a lot of enterprises production and businessactivities are based on normal purposes, this behavior has a certain legitimacy andvalue.In the third part, assuming no liability and subject: force majeure, third fault, thevictim intentionally, the justifiable defense, emergency, fault and so on werediscussed, analysis of the burden of proof of the basic theory and application ofburden of proof, by comparing the inversion of burden of proof and the principle ofliability without fault relation to further prove that the inversion of onus probandi inour country environmental pollution damage caused by the behavior of the applicablerationality and superiority.The fourth part of the author of the environmental pollution of our country civilliability for damages caused by the current situation of the system are described, andthe civil liability system for the appropriate evaluation, based on our countryenvironmental pollution cause harm the civil liability system development presentsituation and the insufficiency, proposed consummates our country environment tortrelief system, such as the establishment of the system of environmental liabilityinsurance, civil environmental public interest litigation system, the establishment ofpunitive damages system and improve the environmental tort civil evidence rules. Onthe improvement of the relief system for the purpose is to better prevent and punishacts of environmental pollution, and earnestly safeguard the civil rights.