Research On The Relief Of Environment Tort

Environmental pollution and ecological damage have become the significant problem that mankind is faced with together,at the same time also become the important program that worldwide experts and scholars pay much attention to generally.As a developing country,we have dual assignment of developing economy and protecting environment.This thesis studied the legislative theories,practices and features on environmental torts remedy of foreign countries,analysed and comment on the present situation of disputes caused by environmental pollution,the author aims at putting forward the theoretical basis and reasons for the improvement of legislative system on environmental torts remedy in our country.The thesis is divided into five parts altogether besides the foreward and the conclusion.First part:Legal basis of environmental tort relief. Environmental tort as a special tort, compared with the traditional tort has its unique characteristics. This part, by comparing with the traditional tort, the interpretation of the meaning and characteristics of environmental tort, and the environmental tort relief in-depth description and summary, points out that the current legal system of environmental tort relief for a variety of ways, including administrative remedy and administrative remedy of civil relief in the end, from the perspective of the philosophy of law the legal basis of environmental tort relief system is the basis of the full text, this section for the following argumentation.Second part:The basic content of environmental tort relief. This section through the imputation principles of environmental tort and constitutive requirements in two aspects elaborated the environmental tort relief practice respectively to solve the key problems among them, by compared with the general tort normalize imputation principle is the inevitable requirements of environment tort imputation system comparing with the foreign environmental tort constitutive requirements analysis, elaborated this article take the three elements theory. The third part:The international perspective of environmental tort relief mechanism. Legal research of western developed countries to environmental tort relief started earlier, the theory and practice on environmental tort is a mature, therefore, the study of the United States Germany France environment tort relief system, is more advantageous to proceeding from China’s national conditions, is more advantageous to discuss the worthy of reference and recommend this part based on the connotation of environmental tort in the countries in the field of environmental law, choose more on behalf of the significance of environmental tort relief way, in order to the construction of environment tort relief system of our country have guiding significance.The fourth part:The present situation of the environmental tort relief mechanism and evaluation in China. This part through the interpretation of the theoretical basis and status quo of China’s environmental tort relief mechanism, points out that China’s environmental tort relief legislation blank or loopholes, lack of the protection of the constitution and the current civil administrative remedies the defect of not enough protection of the environmental tort.The fifth part:Ways to perfect China’s environmental tort relief. The environmental pollution and ecological destruction is increasingly serious, let’s watch this part through the above analysis and research, combined with China’s national condition, embarks from the reality, on the one hand, this paper discusses the establishment of the basic principles of China’s environmental tort relief, on the other hand, from the perspective of social relief of administrative remedy of civil relief, the theory of environmental law and scholars at home and abroad experience, put forward the feasible opinion and the suggestion.