Research On Environmental Tort Civil Remedy

With the gradual increase of pollution and destruction of the environment, allcountries have attached great importance to theoretical studies and the environmentalinfringement remedy system of judicial practice, especially in respect ofenvironmental infringement remedy system of civil, which forms and developsdistinguishing features of relief systems. If Germany "Environment ResponsibilityLaw", Japan’s environmental damage relief system, US’s arbitration system, Sweden"Environment Damage compensate Law" with our country Taiwan area environmentright infringement self-reliant relief.Our country has initially become the system in the environment rightinfringement civil relief system fundamental research aspect, but looked on ourcountry environment right infringement civil relief system implementation presentsituation, but also has following flaw: First, sues difficultly, presents evidencedifficultly, carries out difficultly; Second, carries on the system innovation to theenvironmental protection court; Third, does not have the stipulation concrete damagecompensate scope and the standard; Fourth, between the legal standard isuncoordinated, between the article conflicts mutually; Fifth, environment rightinfringement public welfare lawsuit system existence flaw.This article through to our country environment right infringement civil reliefsystem present situation thorough analysis, proposed the environment rightinfringement civil relief system perfect plan: First, stipulates the environment powerexplicitly; Second, carries on the system innovation to the environmental protectioncourt; Third, belongs to the environment right infringement case the arbitration thescope; Fourth, refinement environment right infringement damage compensate scopeand standard; Fifth, implements the compulsory liability insurance; Sixth, permissionenvironment right infringement self-reliant relief.