To Discuss The Way To Remedies About Environment Tort

Environmental tort is one of specific torts, that not only causes environmental pollution and damage to the systems, but also causes personal injury, loss of property and damage to environmental rights, there are many characteristics in environmental tort, it has had great influence on civil rights systems. Environmental tort law in many countries is from traditional torts law. In common law countries it has developed from nuisance, in civil law countries, environmental tort law has been established from Immersion in Germany. Environmental tort law in Japan has originated in liability without negligence in public nuisance, today, liability without negligence and presumption of causation have become common legislation systems in environmental tort law all over the world, compensation and get rid of infringe are the major remedies in civil legal systems. but in the application of removing infringe, there is balancing the equities in environmental tort law in many countries.In China environmental tort law system in modern sense has already, the forms of it are constitution law, civil law, environmental protection law, interpretation of law, etc. China ocean environmental protection law (1982) has established the criterion of liability without negligence, the requisites to constitute an environmental tort are injurious act, damage, causation, etc. among of them injurious act is the prerequisite of environmental tort. Damages of environmental tort include property damage and moral damage. Presumption of causation has been used in its causal relationship. There are five important forms of environmental tort liability, junction, removal of obstacles, removing a hidden damnation to the original state, compensation for losses, the way to remedies is consultation, conciliation, litigation, arbitration.Environmental tort law system in China has gained great achievements in short period, but there are still some questions in its legislation, it needs some improvements.