Research On The Legal System To Relief Air Pollution

Nowadays, people pay close attention to the environmental pollution and ecological damage, as well as the continuous improvement of environmental awareness. As a kind of environmental torts, atmospheric pollution damages the health and causes property looses of public. Actually, to relieve the atmospheric pollution is a kind of environmental tort relief. Taking into account the serious harm, especially the damage from the industrial air pollution directly, we should take corresponding measures to relieve the Victims immediately.Legal system of atmospheric pollution relief is a new kind of legal system of relief. It can safeguard the environmental rights and interests of the public and protect the health and property of residents. The system not only safeguards the environmental rights and interests of public, but also can improve the awareness of environmental protection. At present, the study on the legal system of atmospheric pollution relief in China is not comprehensive. And the relative legislation is not perfect. All these lead to the phenomenon that torts have become increasingly prominent, but can not be relieved in time and effectively. This paper will choose the tort of atmospheric pollution as the object and study the construction of legal system of atmospheric pollution relief from the perspective of safeguarding the rights and interests of victims. The paper consists of four parts:Partâ… : In order to explain the meaning of the legal system of atmospheric pollution relief, the writer analyzes the relationship between atmospheric pollution and environmental tort and makes sure the function of public power relief and private power relief in the legal system of atmospheric pollution relief. On this basis, the writer defines the definition and function of the legal system of atmospheric pollution relief.Partâ…¡: The development and maturation of any legal system need the guidance of specific theory which can reveal the specific need of a certain period. Because of the increasingly serious environmental crisis, we should guide the perfection of legal system with the new kind of theory in order to adapt to the needs of times. The fundamental guiding significance of theory is very important to the development of the legal system of atmospheric pollution relief. So this part analyzes the basic theories of environmental rights, externality theory and conflict of rights required relief from the angel of law and economics. Finally, we can construct more perfect legal system of atmospheric pollution relief.Partâ…¢: Legal system of atmospheric pollution relief is relatively perfect abroad and forms relatively perfect legal system. So, this part a number of developed countries on foreign relief air pollution legislation and the practice of the state of research, at the same time, combined with China's actual situation, pointing out that air pollution in the inadequacy of relief, in the advanced experience from abroad for the construction of the basis of air pollution in China relief system to find new inspirationsPartâ…£: At the moment that people's environmental awareness is gradually awakening, in order to protect he environmental right and interest of the victims, it is very necessary to construct the legal system of atmospheric pollution relief. In the whole legal system of atmospheric pollution relief, judicial relief, administrative relief and the social of relief of atmospheric pollution relief are complementary and indispensable. The judicial relief and the administrative relief can compensate and relieve the damage of residents' health directly. And the system of social relief can guarantee that the victims can obtain corresponding compensation even if it is difficult to find the accurate infringer. Such an approach can protect legitimate rights and interests of the victims. This part firstly research on the legislative model of the legal system of atmospheric pollution relief; secondly, the writer study the judicial relief, administrative relief and the social relief of atmospheric pollution; finally, on the basis of learning from the advanced experience of foreign countries and relatively results of domestic and foreign scholars, the paper constructs the legal system of atmospheric pollution relief adapted to national situation of China.