Research On The Legal System Of Administrative Relief For Environmental Tort

Environmental administrative law is an important component of administrative law , which has two missions of promoting the environmental administrative organs'administration according to law and protecting the legal environmental righs of the oppisite persons to the administration.Today,the problems on environmental tort is conspicious and the environmental crisis is deepened day by day.Absolutely,the environmental administration becomes the main method of environmental protection.In the very great degree,the environmental quality of various countries is owed or attributed to the behavior of the government and all levels of environmental administrative department.Therefore, establishing the legal system of administrative relief for environmental tort which as the goal of supervising and promoting the environmental administrative organs'administration according to law,appears especially important.As the important component of our country's adminstration relief system,the legal system of administrative relief for environmental tort played a very important role for impelling the construction of the environmental adminstraive law and promoting the environmental administrative organs'adminstration according to law in our country recently.However,with the fast development of the economy of our country,with the conspicuousness of environmental problems,with the seriousness of environmental situations, it appears that there are many uncorordinated places in our current legal system of administrative relief for environmental tort while dealing with the environmental problems,so it needs to be adjusted and improved properly. The author has started the research of this theme on the base of causes above.There are five parts in this thesis. They are summary of administrative relief for environmental tort, the present situation about administrative relief for environmental tort in our country,the practices of and references to the administrative relief for environmental tort in western developed countries,the improvement of our country's legal system of administrative relief for environmental tort,and conclusion.Firstly,this article has recommended the environmental right, environmental tort,administrative relief for environmental tort,these basic theories are the cornerstone of understanding,knowing or even constructing the frame of the legal system of administrative relief for environmental tort. Secondly,through the analysis of the present situation about administrative relief for environmental tort ,our country exists and confronts five aspects of problems including the establishment of administrative relief organization,relief scope,relief procedure,construction of system,and mental compensation.Thirdly,we can remedy the shortcoming and deficiency of the current regulations in our country through drawing lessons from the successful practices of the western developed countries in the aspects of administrative relief for environmental tort.Finally,the author put forward the effective solution and relevant legislation suggestion to the improvement of the legal system of administrative relief for environmental tort,aiming to providing the theory reference to its development.