Study On The Application Of Restitution In Environmental Tort Cases

As China’s judicial system continues to improve,environmental tort cases are increasing.Environmental tort and traditional civil infringement are peculiar,and there are difficulties in the application.Environmental infringement is often complex,indirect,latent,and irreversible.The application of restitution in environmental tort has great significance.On the one hand,it can protect the personal and property rights of citizens,and on the other hand,it is of great significance to protect the damaged environment.Restoration of the status quo is a traditional way of civil liability,the earliest in the German civil law,Germany has been built to restore the status quo as the principle of compensation for the exception of the responsibility to bear the way.However,due to the special nature of environmental infringement,the restoration of the original situation in the application of environmental infringement will encounter the possibility of restoring the original problem,to restore the original difficult to determine the restoration of the original problem of difficult regulatory problems.In the current judicial practice,the United States as the representative of the Anglo-American law system and Japan as the representative of the civil law system,in the application of environmental infringement to restore the original state has a lot of reference measures.In China’s environmental tort cases,there have been alternative remedial measures and third parties on behalf of the implementation of the way there.Restoring the status quo as a means of civil remedies,there are many limitations in environmental tort cases.At the level of judicial operation,environmental justice is relatively weak,which limits the application of restitution in environmental tort.If we want to apply the restoration of the status quo in environmental tort,you must clearly restore the original standard,provide technical support,in the case of refining the responsibility to restore the status quo,the establishment of a complete system of restitution,adjust the original state of responsibility,In the environmental infringement in the real play a role.