Relief Of The Infringement Independent Environment

Environmental tort remedy generally has three types: public relief, socialassistance, self-help. Among them, public relief is in the center, and social relief is inthe ascendant, but few people meddle with the exception of self-help, theoreticalresearch in scattered states, at the national level, which is still very cautious or evennegative it. However, public relief has so many defects, combing with the self-help’scertain rationalities, that made the self-help phenomenon exist a lot in our society.In modern civilized society, environmental tort public relief has become the mainmeans of protecting citizens’ rights to the environment, public relief firmly stands onthe historical front, and occupied the position of the center of the elements in the rightrelief structure. In reality, however, even a complete system ever developed isdifficult to satisfactorily solve a problem, let alone an imperfect system. The era of therule of law, including self-help, including environmental tort has long been regardedas a barbaric, backward and uncivilized phenomenon, the law tried to prohibit suchirrational behavior of self-help. The self-help has a long history, in terms of efficiencyand cost than public relief has a natural advantage, and environmental pollution anddestruction are often the first to find the right people aware of environmentalprotection can play a role in prevention. Therefore, it is still important to bear themaintenance of social order function in practice, so the self-help environmental torthas its living space. Therefore, we can not blindly self-denial of environmental tortrelief, can not one-sided emphasis on rationality, but must pay attention to theirlegitimacy and legality limits. But in the case of institutional disregard forenvironmental tort self-help, how to define the scope and means of self-help, self-helplaw how to regulate the rule of law will be any country must face the problem.Premise solution to this problem lies in the understanding of the legitimacy ofself-help, which must be the basis for the existence of self-help, there is value andfunctionality in depth, and the rule of law as the basis for self-help society bereasonable position to guide legitimate rights holders to implement self-help behaviorin order to maintain social order and harmony. Turn around the main part of the article discusses the following aspects:The first part: the environmental group events led the study as an example of thearticle, by the analysis of environmental violations and self-help, self gradually clearconcept of environmental tort relief, and on this basis, analyzes the different publicrelief and self-remedy.Part II:"Social Ethics","legal cornerstone","reality based" anchored,respectively, discussed the possibility of expanded rationality and self environmentaltort relief.Part III: Self-help for the realization of environmental tort and requirements arediscussed ways to further specify the legal effect of each pathway has.Part IV: The part from the nature and legal status of environmental tort twoaspects of self-help, self-help for environmental tort how reasonable position arediscussed further clarify the reasonable space environment tort self-help exists.