Legal Issues Of The Environmental Tort Civil Relief

For half a year, the ConocoPhillips oil spill compensation cases end in the form of compensation of one billion yuan. Oil leaking accident is located in the Bohai Gulf coast causing creatures and the Bohai Sea natural fishery resources damage.ConocoPhillips paid RMB1billion to solve the problem for damages and compensation. And in contrast, the chevron oil company paid＄10.7billion to Brazil and the British oil company BP paid more than＄100billion which includes a＄20billion compensation fund for payment claim to the United States. The nature of the oil spill is the same, but the result of processing has so big gap. The result is related to differences of company’s expectations of responsibility, but the deeper reason lies in the gap of legal system. Treatment attitude about ConocoPhillips oil spill accident shows that China’s legal system in the environmental tort civil relief far from perfect.This paper takes the environmental tort civil relief legal problems as the research object, using case analysis method, historical analysis method, the comparative analysis method and so on. Through the analysis of the developed countries’ legislation about environmental tort and the analysis of theory about environmental tort, the paper which is based on reference puts forward a lot of opinions about how to improve the legal system of environmental tort civil remedy in China.This paper consists of three parts:The first chapter:environmental tort civil remedy summary. First of all, on the basis of summarizing the related theory and opinions of domestic and foreign scholars, the paper summarizes the basic definition and characteristics of environmental tort. Secondly, the paper analyses the concept of environmental tort civil relief, the environmental tort victims identified issues and the existing problems in our country.The second chapter:the comparative study of environmental tort civil relief legal issues. From two aspects which include Anglo-American law system and continental law system, this paper analyses the history development of the western developed countries’ legal system of environmental tort civil,in order to provide reference for solving the problem of legislation about environmental tort civil relief.The third chapter:the improvement of the environmental tort civil remedy in China. According to the problems of China’s legal system of environmental tort civil remedy and the second part of the article, this paper puts forward recommendation from two aspects which include Legal relief and social relief to perfect our country system of the environment tort civil relief.