On The Mass Environmental Tort Liability And Its Implementation Mechanism

With the rapid development of our country’s economy, especially the expansion ofurbanization and industrialization, mass torts caused by environmental pollution orecological damage are increasing and worsening. Therefore, the infringer shall beinvestigated for legal responsibility in a timely and effective manner. This is also aneffective way to safeguard the coordinated development of economy and ecotope.However, we are confronted with the plight of the implementation of massenvironmental tort liability can not be fulfilled at present. The infringement disputewould leave a hidden danger to our society. On the other hand, our legal systems haveobvious deficiencies. Such as the approach to the implementation of massenvironmental tort liabilities and the methods of bearing liabilities. Thus, it is necessaryto analyze the principles of mass environmental tort liability and the reasons for theliabilities can not be fulfilled. We should consider how to properly deal with tortdisputes, protect victims’ legal rights and maintain social stability from the view ofimplementation of mass environmental tort liabilities.Apart from the introduction and conclusion, this thesis consists of six parts.The first part introduces the conceptual features and causes of mass environmentaltort liability which based on the concepts of legal responsiblity and environmental leaglresponsibility respectively. In addition to the associated reasons of infringement itself,the change of social structure is also a reason of the occurrence of mass environmentaltort in reality. The second part deals with the bearing of environmental tort liabilityshould based on the principle of liability without fault. Constitutive elements of massenvironmental tort liabilities consist of violations of legal duty, actual losses or damagesand causal connection between tortious conducts. The third part discusses the litigationand non-litigation. They are two ways for the implementation of mass environmentaltort liabilities. The fourth part expounds the methods of bearing liabilities. Abatement ofnuisance, compensation and restitution are three methods of bearing massenvironmental tort liabilities. The fifth part analyze the unachievement of massenvironmental tort liabilities. However in China, there are limitations on the methods ofbearing environmental tort liabilities on the basis of existing law. For this reason, theconstruction of implentation mechanism of mass environmental tort liabilities is a must.The sixth part hold the opinion that we should look for breakthroughs from three aspects: juedicial relief, social relief and administrative remedy.