On The Remedy System Of The Environmental Tort

Environmental tort is a special tort. The activities of human beings lead to the environmental pollution, the destroy of the ecology and the property or the health of other people. As the development of the modern industry, where the environmental tort happens, the damages will be enormous. Because of the negligent liability, traditional theories about the environmental tort can not reasonably and effectively compensate the damages. The academia discusses the compensation of the environmental tort accidents in China.The environmental tort is associated with the modern civilization. It is hard to foresee the environmental torts. It is impossible to hamper the development and the progress without the environmental tort. But the law should balance the interests and keep pace with the times. The purpose of this thesis is to protect the interests of the victims of the environmental torts and to develop the related industries.The author analyzes the traits of the environmental torts. The environmental torts usually have the traits of high tech and complicated. Generally speaking, the infringers can not bear the compensation. The behavior of the tort infringers is indirect and the causality is complicated. Basing on this analysis, the responsibility of the tort should not base on the fault Furthermore, the author demonstrates the necessity of this thesis.Taking the current situation into consideration, the author reflects on the criterions of the environmental tort. And the author insists that the wrongs and the subjective fault can not be the requirements of the environmental torts. The conclusion of this thesis is that the requirements of the environmental tort should be the pollutions, damages and causality.Borrowing the ideas from foreign legislations, the author recommends that self-protection, insurance, social and administrative compensation of environmental torts should be adopted to construct the regime of the environmental torts.