On Compensation For Damage From Environmental Tort

There are 5 parts in this article , they are introduction, environmental right, the theory and judicial practice of environmental tort, compensation for damage from environmental tort and conclusion. By these 5 parts, the theory of compensation for damage from environmental tort is analyzed and expounded systematically.In the study of compensation for damage from environmental tort, the theory of environmental right is the most important theoretical basic of this thesis. Citizen's right to environment is one of the independent human rights and it is also a complex right including not only public right but also private rights. From the view of private rights, environmental right can be divided into material and procedural right, from which the writer begins his statement.Environmental tort is one of specific torts, that not only causes environment pollution and damage to ecosystems, but causes personal injury, loss of property and damage to environmental right. Environmental tort has had great influence on civil rights systems, so the criterion of liability, requisites to constitute an environmental tort and the function of liability without negligence are emphasized in this thesis.Environmental tort law systems in China has gained great achievement in short period, but there are still some questions in its legislation, it needs some improvements. Such as some regulations show no unanimity law; the scope of compensation for damage is short of rules for moral damages .In the fourth part of the thesis, the writer has an explorative discussion about these questions.