The Research Of The Environmental Tort Liability

China has made remarkable achievements in the aspect of economic development during these forty years after the proposal of reform and opening-up policy.While the environmental costs raised at the same time.The lack of well-established and effective sharing and remedy mechanism of environmental damage,like insurance system,environment fund and administrative compensation,leads to more attention towards China’s special national condition,unique legal culture and the social need of the reality when considering the research of the liability of environmental torts responsibility.Therefore,it has become a significant issue for Chinese law to clarify the liability of environmental torts responsibility,prevent and fix the environmental damage,as well as protecting both the personal and the property rights of the victims under the influence of the pollution.This paper systematically reviews China’s legal provisions concerning environmental liability infringement and summarizes the concepts and characteristics of environmental infringement,environmental tort liability as well as environmental tort liability forms,and analyzes the distribution of responsibility and responsibility for environmental infringement as a form of special infringement as well as the differences and links among the general infringement,and the study of China’s application of environmental tort liability relief and environmental tort liability assumptions.Based on judicial practice and combined with theoretical research both at home and abroad,the author comprehensively analyzes the deficiencies of environmental tort liability in The Judicial Interpretation of Environment and Tort Liability Law.Finally,it concludes the entry point from four aspects to improve China’s environmental tort liability laws and regulations in order to achieve the goal of sustainable development in China:expand the responsibility of environmental tort liability,strengthen the application of the principle of no-fault liability,expand the application of differential liability and increase the protection of the ecosystem.