The Study On Environmental Damage And Relief

This paper first analyzes all kinds of the perspectives on "environmental damage",and puts forward a different definition of "environmental damage" concept understanding.This paper holds that environmental damage is to the environment, namely the damageitself, rather than in the tort liability law in environmental tort understand senseenvironment "media" caused personal injury and property damage.Because the environment is a kind of public goods, whose load is people’senvironmental interests, this kind of "environmental interests" in a certain area is withinthe scope of the indivisibility, non-exclusive and features such as integrity, soenvironmental damage in essence is a kind of "environmental interests" damage.Environmental damage legal relief foundation is the environmental benefits that isenvironmental interests, rather than "environment" and it is in the interests of the humanbody and has to meet the needs of the people of the attribute that to the person’susefulness. So environmental damage legal relief essence is protecting the environmentinterest requirements, which is the environment damage relief foundation of reality. Inthe legal, each department has its own unique PE department, and environmentalinterests beyond doubt that should be the department of the environmental law, which isthe legal basis for environmental damage relief. The proverb is a cloud: there are damagethere is relief, for environmental damage, environmental law in the "environmentalresponsibility principle", for the environmental damage legal relief provides theenvironment according to law.At present, comprehensive our country environmental damage situation of legalrelief, it is not hard to find that environmental damage relief there are still manyproblems need to be solved urgently. The first is environmental administrative reliefweakness, huge fines not to contain the increasingly serious environmental damage problem; The second is environmental tort relief is mainly directed against the civilsubject personal interests and property interests, and environmental benefit is differentfrom personal interests and the interests of the property of the third kind of interests, andthis determines the environmental tort relief to the environment public interest slightlyshortage; The environmental civil litigation for citizens to sue the limit, leading toenvironmental damage of judicial relief program that is hard to start.Therefore, in reference to the European Union and Germany about environmentaldamage to the main legal relief on the basis of practice, this paper puts forward ourcountry environmental damage relief of comprehensive coordination relief mechanism.The first is to determine environmental damage comprehensive coordination relief ofprecautionary principle, fair principle and interest measure principle; Secondly to clearenvironmental damage relief subject, in order to timely for the damage that is caused bythe environmental responsibility; Again, at present, whether civil liability oradministrative responsibility and criminal responsibility for environmental damage is notfull relief, so to the integrated use of public law and private law means remedyenvironmental damage; In order to make the damaged environment receiving timelytreatment and recovery, we need to strengthen the environmental damage assessment; Inthe perfect relief way, give priority to restore to the original, supplemented by damages;In according to the judicial relief impeded, the establishment of environmental publicinterest litigation, giving environmental groups to public interest litigation subjectqualification, and clearing the judicial relief channel, which are we should strive todirection; Finally in legal remedies aspects which can’t include, supplemented bysocialization relief system in China is to perfect the environment of an indispensable partof damage relief system.