Analysis Of The Chinese System About The Civil Responsibility Of Environmental Torts

These years, there are the increasingly serious environmental problems arising in our country.Some places even sacrifice the environment for the development of local economy.The natural environment used to be as the basis for human survive is very important to the human.However, the lives of human beings have being seriously affected by environmental pollution and ecological destruction.Our country has put environmental protection as a national policy of the law to clear the duties of supervision and administration of the government on environmental protection in order to solve the environmental infringement.At the same time,our country also increased to cause environmental pollution enterprises to be severely legal sanctions.This paper takes the civil liability system of environmental infringement as a starting point.It focus on the analysis of the environmental infringement civil liability system.The first part is the description of the concept of environmental infringement civil liability,mainly introducing the definition of environmental infringement and its differences with traditional civil tort,concept and characteristics of environmental infringement civil liability.The second part analyzes the actuality of our country's system of civil liability of environmental infringement.It is divided into four sections: description of imputation principle system and the imputation principle to establish the significance of the civil liability system of environmental infringement.The four components are explained one by one.If someone's action meet the four elements of the civil liability system of environment tort,maybe he does not need to assume the tort legal consequences.On the premise of no exemptions under the environment of civil liability for infringement of rights,how does the infringer undertake the way.The last part is the author suggestions of our system of civil liability of environmental infringement,such as establishing environmental damages relief fund system, expanding the scope of application of the principle of liability without fault, clearing provisions of applicable conditions of no fault principle.The environmental infringement litigation proof standard of proof system needs to establish multi-level system and different subjects and different the object of proof of the standard of proof applicable system can be used different subjects and standards.After the new environmental protection law is to be into effect,a number of matching rules need to be formulated to support the new environmental protection law so that it can be implement.For the environmental protection mandatory measuring smoothly,the new system security should to be implement.The author was using the method of comparison and inductive reasoning in law to research our country's civil liability system of environment tort.By the traditional civil tort liability for reference, the author contrasts the civil liability of environmental tort to analysis their difference.And the author put forward sound proposals, striving to adapt to the increasingly serious environmental problems. The study on the liability of environmental infringement in our country,in theory or in practice,is of great significance in environmental pollution and ecological damages prevention for our country.It can promote the construction of environmental legal system of our country and promote the fairness and justice of law.