Research On The Environmental Tort In China

The continuous development of renewing science and technology has promoted the rapid development of modern industry,accompanied by a large number of environmental pollution,resulting in environmental violations occurred.Environmental infringement is an unavoidable topic in the development of human society.First,we should face up to environmental problems.Environmental infringement belongs to the category of civil tort,but it is peculiar to the general tort.In our current environmental problems,the corresponding concepts and specific definitions of environmental tort are not stipulated in the judicial practice and laws and regulations,and environmental tort is only a legal theory.When the citizens’ environmental rights and interests are infringed,it is difficult to protect the legitimate rights and interests of the citizens effectively in the case of environmental infringement.Environmental pollution may lead to environmental infringement and ecological damage,this paper focuses on the former,and temporarily discuss the ecological damage.This paper focuses on the analysis of the problems of the lack of citizens’ environmental rights,the reasons and consequences,the improvement of environmental tort remedies,the causal relationship between the causal relationship and the distribution of environmental infringement in the main body of the problem,analysis and problem solving.key problem.At present,China adopts the mixed legislative system,which is based on the Basic Law of Civil Law,the Law of Environmental Protection and the Law of Tort Liability,which is supplemented by one-line law.The way of liability cannot fully meet the demand of environmental tort cases in judicial practice.The system of compensation for damages and the system of compensation for mental damage in the system of damages,which makes it difficult for the victims to be completely compensated,cannot achieve the social relief function of tort law.Foreign civil tort system has been developed more mature,especially the principle of imputation,relief,causality,non-litigation solution mechanism,environmental public interest litigation and so on.First,the absence of legal environment right,mainly is China’s civil environmental right theory research level needs to be further improved,especially the human rights theory is not perfect,economic development is the result of the first priority and other factors,the lack of citizen’s environmental right will also cause environmental damage cannot be timely rights through judicial civil remedies,the from the fundamental and damage to the ecological environment of modern citizens of good human living environment and the pursuit of the whole country.Second,redistribution of the causal relationship between the harm behavior and harm result of citizen people’s behavior of burden of proof in the current theory and judicial practice is a key and difficult problem.First,the legal absence of environmental rights,mainly is the level of research on the theory of environmental rights of citizens in China to be further improved,human rights theory is not particularly perfect,economic development is the first priority and other factors caused by the lack of civil rights Will cause the environmental rights and interests cannot be timely through the judicial civil remedies,which fundamentally damaged the modern citizens of the pursuit of a good human living environment and the country as a whole on the ecological environment.Second,the causal relationship between the behavior of the perpetrator and the hazard of the citizen proves that the redistribution of the responsibility is also a key and difficult problem in the current theoretical and judicial practice.The author from the perspective of foreign theory,combined with the status quo of the domestic,concept and analysis of the two-step proof of responsibility distribution process.In the first instance,the victim assumes the initial proof of responsibility,only the plaintiff to put forward the basis of the empirical basis,and can be based on the normal rational life experience facts,common sense,normal reasoning and other comprehensive judgments can be derived causal relationship Can reach the proof of the standard,and to complete the initial proof of responsibility to complete the task.Second,the defendant behavior in the plaintiff victims to complete the initial proof of responsibility after the task,the remaining proof of responsibility by the defendant side,by the judge to determine whether to achieve a clear proof of the standard,or the defendant to bear the proof of the consequences cannot prove.Thirdly,the author makes some analysis and suggestions on other supplemental and supporting institutional problems in the civil relief system of environmental tort,such as environmental liability insurance system,non-litigation dispute resolution mechanism,environmental information disclosure system,etc.,These are the environmental infringement cases to deal with the solution has a supporting and supportive help.