Research On The Mass Environmental Tort Relief Model

At present, with the development of China’s economy and the society,environment tort disputes are increasing, especially large-scale environmental tortproblems. Large-scale environmental tort has its deep roots, which is accompanied bythe emergence of environmental problems, and environmental problems existed sincethe human society had, as the social effects of pollution can be traced backto the industrial revolution in Europe since eighteenth Century, since then evolutionhas developed into a global problem. Enhanced reporting and media power in thisaspect, the public focus on environmental issues, in recent years, more and morelarge-scale environmental violations had payed in the public eye. Which lead thesustainable development of China’s economy to encountering great resistance, thecontradiction between human and nature becomes more and more sharp.In the view of this, this article pays attention to the basic problem, specialmass tort problem, China and the United States of America mass environmental tortrelief model comparison angle discusses the large-scale environmental tort,then proposed the establishment of government-led includes litigation andnon-litigation two diversified relief mode.In addition to the preface and conclusion, it consists of the following four parts:The first part,“large-scale environmental tort basic problems”. Mainly discussesthe large-scale environmental tort background and reason, the definition of massenvironmental tort, environmental tort classification of large-scale, large-scaleenvironmental tort and its general characteristics of environmental tort issues such asthe distinction between.The second part,“special issue of mass environmental tort relief”. Firstintroduced the large-scale environmental tort elements, including such as massenvironmental tort liability principle, the specific elements; followed by a briefanalysis of the main mass environmental tort relief problems, such as the infringer,government departments.The third part,“the mass environmental tort relief model comparison”. Theproblem of mass environmental tort relief, by comparing the two aspects from thelitigation and non-litigation ways between China and the United States are discussed.In the litigation, our country is a litigation representative system, the United States isthe implementation of the system of group litigation; in non-litigation, non-litigation infringement of China’s large-scale environmental relief are negotiation,mediation, arbitration and other means. While the United States include mediation,arbitration, mediation, arbitration, small trial, early neutral evaluation and summaryjury deliberation.The fourth part,“China’s large-scale environmental tort relief model selectionand construction”. First, analysis of China’s large-scale environmental tort reliefmodel selection principles. Secondly, China’s large-scale environmental tort reliefmodel, choose the government-led diversified relief mode. Finally, thegovernment-led diversified relief model building.