Comparative Study On The Civil Relief Of The Environmental Tort

Along with the progress of human society, especially since the 19th century , Humans come into industrialization era , various large-scale resource utilization and consumption cause environmental infringement problems continue to happen. The protection and development of the environment , has become the common concern to the international community as key problems for today , Environmental tort is different from traditional tort,which the main body against a wide range,not just individuals, but also may be a group of people, or even the interests of all mankind, and may also affect the expected benefits of future generations. This broad impact of environmental infringement, making a variety of environmental violations, the relief has become the focus of academic research , the environmental tort remedies , including civil , administrative , etc , in which civil remedies as a traditional remedy in the prevention of environmental violations , occurred to make up for infringing the rights of environmental victims play an important role in civil law as the basic law, the rights to play the main function of protecting the same time reflects the basic values of law.Specifically,a class of emerging environmental tort as a special tort, the relief of their theories and systems are not perfect, and the exclusion of hazards , the provisions are too rigid , does not provide for partial exclusion of the abuse , instead of sexual abuse and other excluded more flexible system , in damages, the scope of compensation is not clear, only for homogeneous compensation, there is no provision on punitive damages, in addition to the responsibility principle, qualified environmental tort plaintiffs in civil relief, contributory infringement,etc. there are many imperfections.Environmental issues involved in infringement of civil remedies is extremely broad, the environment, environmental law violations, civil violations, civil commitment way , the theory of economics and so on are reflected in the system , so the environment Civil remedies for infringement theoretical research is the trend for environmental protection needs, but also improve the system of defects related to the inevitable requirement . This article from the environment related to the concept of infringement of civil relief to proceed to study the analysis of environmental tort jurisprudence produced by the Civil Relief foundation, while the modern law and economics analysis to enable more detailed exposition of environmental tort theoretical issues related to civil remedies, the fourth article and fifth chapter describes the country and abroad were infringing the civil remedy environmental status of the study , while our existing system , list the deficiencies , the sixth chapter is presented in the previous chapter for our lack of environmental tort Civil Relief, propose solutions to improve our existing system.