A Study Of Civil Responsibility Of Environmental Torts In China And Its Perfection

With the rapid development of socialist market economy and the large-scale spreading of industrialization and urbanization, environmental torts caused by environmental pollution or destroying will be a major social problem. Environmental torts has the traits of inequality, sociality, values and complexity, which results in particularity of civil responsibility of environmental torts .The doctrine of liability fixation is no—fault liability in field of environmental civil liability. The constitution of civil responsibility of environmental torts is made up of damaging fact and causality between action and damaging fact, not including fault and illegality. The liability manners of civil responsibility of environmental torts consist of compensating for damage and eliminating trespass. The system of socialization about damages of environmental torts including environment liability insurance and fund of environmental damages mostly need to be established in order to relieve victims timely and properly,at the same time,not to influence survival and development of enterprises. Eliminating trespass sometimes endangers economic activities, so principle of interest balancing should be applied when relieving victims by the manner of eliminating trespass. Although the system of civil responsibility of environmental torts is comparatively perfect as a whole in our country, there are quite a few problems and defects on conflict between legal provisions about liability constitution , sphere of damages without spiritual damages, absence of intergradations about liability manners such as partial injunction and fungible damages, lack of system of socialization about damages of environmental torts,deficiency of means and measure of relief,which requires us to adapt some effective and advanced methods to make the system sound and perfect.This paper only gives a research on civil responsibility of environmental torts in legislation. Civil responsibility of environmental torts should be placed in the whole legal system and social system to design in order to achieve its aim and function well.