Research On Civil Liability Of Environmental Infringements

Survival and development is the everlasting theme that human society has to face. Since the20th century, along with the promoting of large-scaled industrialization and urbanization as well as the rapid economic development, the worldwide environmental problems are becoming increasingly serious, environmental infringements are also increasing, hazards and relief caused by environmental pollution and ecological damage has become a major social problem that our social and economic development is confronting. Civil Liability of Environmental Infringement, together with Administrative and Environment Criminal Liability, are the three major environmental criminal liability of our contemporary, from the perspective of environmental law, it acts as an important part of environmental law, complementing with other legal system permits of environmental controls such as environmental impact assessment, sewage or development permit, aiming to play an important role in the implement of the precautionary principle in environmental law, the polluter-pay principle, the basic principles of sustainable development principles; from the perspective of civil law, Civil Liability of Environmental Infringement is different from other general tort of civil liability system, with its own distinctive characteristics both in theory and practice. Although our modern sense of the environmental Infringement Law, start late, it has formulated the initial system, basically being able to respond and deal with real-life environmental infringement, however, there are still inadequacies in the theory and system. By comparison and analysis of both Chinese and foreign-related theory and practical experience, this thesis raised my personal opinion according to the concept, characteristics, and judicial determination of theoretical and practical issues of China’s environmental infringement civil liability, so that relevant help can be provided to the development and improvement of the theory.This essay combined the theory elaboration and case practice, on the basis of theoretical statements of environmental infringement, by analyzing the specific environmental infringement cases, to indicate that with the high-speed modern development, improving the civil liability caused by commitment of environmental infringement will safeguard the interests of victims, meanwhile punish offenders, therefore the problems can be solved, but because of China’s actual conditions, there are still many defects for China’s civil liability and compensation for the problems caused by environmental infringement at this stage, therefore, with the help of real cases, the feasible maintenance measures were proposed in this thesis to maximize the interests of the victims who are in a weak position, so that the social stability and harmony will be maintained.