Research About Relieves System Of Environmental Tort

With the advancement in science and technology and rapidly economic and social development, environmental tort caused by environmental pollution and ecological damage and it's remedy system have became a serious social problem. Environmental tort is one of specific torts, which not only causes environmental pollution, but also causes personal injury, loss of property and damage to environmental rights. Accompany with the ecnomy development in China, the dispute about environment infringement is more serious than before, while environmental torts caused by pollution is a special type of torts, we haven't studied it deeply and systematically, what's more, legislation in this field needs improvement. The right of the numerous environments infringement victim could not be protected suitably because the legal system of the environmental torts remedy in our country is not perfect enough, therefore, we must learn from other developed countries'experience to improve the legal system of the environmental torts remedy in our country. The author has used analysis method, system method and comparative method. There are seven parts in this thesis and about thirty thousand words. They are introduction, the meaning and the characters of the environmental tort, the deficiency of the traditional remedy of environmental tort, the comparative law analysis to the remedy of environmental tort in the west developed countries, the present situation and confusion to the remedy law of environmental tort in China, approaches to improve China's remedy of environmental tort, and conclusion.To deal with the gravity of the environmental problem in modern society, the introduction part points out that in theory and practice the traditional civil law has made a corresponding adjustment and various social relief mechanisms have established.The first Part: it is a discussion of the basic theoretical question about the environmental tort. In studying relieves system of environmental tort, at first we must mention the theory of environmental tort. This section introduces the concept of the environmental torts and its characteristics, the concept of environmental tort remedies.The second Part: the legal principle is investigated about the relieves of the environmental tort. It includes two parts: Economic root causes of environmental torts and theoretical basis of it. First, I analyze the value of environmental resources and public nature of it, from the the external non-economic theory in the economics, reveals the environmental issues arising from economic reasons. Secondly, from the rights of the need for relief I analyze the environmental tort theory. Finaly, the jurisprudence foundation of environmental tort relief is investigated from the community of the civil code.The third Part: it is introduction of the relieves of the environmental tort in foreign countries.In this part, the author carry on further introduction on this legal theory and practice in Japan, Gemany, France and American. And then analyze their characteristics in order to acquire reference.The fourth Part: Analyze the relief system of environmental tort in our country, points out those deficiencies and weaknesses existing in China.The fifth Part: it is the perfection of the legal relief system of environmental tort in our country. Advocates building up civil environment tort relief system, establishing social relief mechanisms for environmental violations and establishing environmental tort administrative management system to achieve the goal of sustainable development by improving a comprehensive relief system.In short, the special environmental violations spark the adjustment of traditional civil tort relief system and eventually lead to the social relief mechanisms of environmental tort.