The Research On The Scope Of Accepting Civil Cases In Environmental Tort Cases

The scope of accepting cases is the basic for courts to accept cases,and it’s also the scope of a right holder shall exercise the right of action.At present,China’s environmental tort cases in the judicial practice is limited to the scope of the "environmental pollution infringement disputes",resulting in damage caused by ecological destruction is not protect by legal relief.In addition,there are five kinds of specific judicial practice difficulties,the subject to the standard is not uniform,the scope of the case is too narrow,the substantive law is not sufficient,lacking of special environmental litigation mechanism and the environmental civil,criminal,administrative relief convergence.In order to break through the judicial practice dilemma of the current scope of environmental infringement cases,first of all,we must clarify the determinants of the scope of the case,and there are three determinants,one is that the expression of civil rights in China’s civil law determines the degree of environmental infringement to a certain extent;two is the scope of damage to environmental infringement should include ecological damage;the there is the causal factors affecting the case of environmental tort.Secondly,it is necessary to analyze the types of environmental tort cases,at present,China’s environmental tort cases can be classified into environmental pollution environmental damage and ecological destruction environmental infringement,single subjective environment infringement and common subject environmental infringement,material damage type environmental infringement And mental damage type of environmental infringement,there are three main types.The classification of environmental tort cases can not only help to classify environmental tort cases,but also contribute to new cases of environmental infringement cases,and can achieve the same type of case applicable legal consistency.The improvement of the scope of environmental tort cases,so that the ecological damage to environmental infringement cases can get legal relief,and ultimately get rid of the current judicial practice plight.The first is to unify the court acceptance criteria,although the provisions of substantive law need to be perfected in the course of future legal revisions,and now through the scope of the court between the Uniform Court(including the courts with environmental courts and courts that have not yet established environmental courts)and we compare the environmental infringement caused by ecological damage of the relevant provisions of environmental pollution,apply the provisions flexibly,and put them under the control the judicial relief,coordinate three major legal departments for the relief of environmental issues.Finally,we need to establish a special environmental litigation mechanism to break through the boundaries of environmental private law and public law to ensure the ultimate realization of the overall environmental protection and public welfare protection.