On The Civil Liability System Of Environmental Tort

Name: Liang Enshu Specialty: Jurisprudence Grade: 99Environmental pollution and ecological damage have become the significant problem that mankind is faced with together, at the same time also become the important program that worldwide experts and scholars pay much attention to generally. People is discussing solution to the environmental problems with economy, politics, administration, science and technology and ethics etc. means, meanwhile, also begin to pay attention to the important role that legal meanstake in modern environmental crisis gradually. I have strong interest in environmental law. As being studying, I deeply feel that, environmental tort, as a kind of specific torts, people 's understanding to it is insufficient; just very few experts in our country carry out their research in it; and the related legislation does net be perfected. This thesis analyzes the civil liability system of environmental tort with the analysis methods of history, economy, case, type, and systematization, etc. And I carry out relatively thorough research and analysis for legislation, legal precedents and the theory concerning environmental tort, relieve system according to our country for environmental tort civil law. And some viewpoints and suggestions of legislation are given then. The technique of research and the selection of subject are novel and special.There are five parts in this thesis, including introduction, environmental tort, Jurisprudence analysis of environmental tort, the conception of civil liability system of environmental tort, and some legislation suggestions. There are about 28,000 Chinese characters in this thesis.In the first part, the reason why I select this subject and the significance of the subject is talk about first. Some research methods are told.In the second part, the definition and features of environmental tort are given.In the third part, I make discussion on the jurisprudence basis of environmental tort law through exposition of the development of civil law and civil rights.In the fourth part, I make my conception of the civil liability system of environmental tort, which includes the principles of liability, the form of liability, the main contents of counterplea, and the ways of liability. Some new viewpoints are proposed here.In the final part, I make a conclusion of former discussion, and give some legislation suggestion.Environmental tort law in China has gained great achievements in recent years, but the insufficient legislation is still a main cause that make us work harder to built a more scientific law system of it.