China's Rural Environmental Tort Civil Relief System Probing

Current our country countryside environment tort problem increasingly, rely on the administrative law and criminal law of ram aid force to protect victims is not enough, also must rely on civil law relief. But the current our country rural environmental tort civil relief system also still is not perfected, many of the victims still lack of residents rights protection.Therefore I combine the countries of two important legal systems of the rural environment tort civil relief system, analysis of the rural environmental tort civil remedy system present situation, for China's rural environmental tort civil relief on the current situation of system are also elucidated, author aims to indicate deficiencies, to further perfect and perfect our country rural environmental tort civil relief system.The paper has five chapters. The first chapter elaborated on introduction. This chapter introduces the rural environment tort civil remedy of the domestic and foreign research dynamic,purpose,meaning, the main task and expectations. The second chapter outlines the rural environment tort civil remedy of legal principles. The legal basis for ecological civil law and civil law socialization. The third chapter discusses the countries of two important legal systems of rural environmental tort civil remedies theory and practical experience, and the corresponding to the rural environment tort civil relief system made system analysis and comparison. In civil law countries, Relatively distinctive is Japan's endure limit theory; Germany's victim consulting claim, environmental liability insurance system; The French group litigation system, damage compensation fund system. In countries of Anglo-American law system, America's main features for harmonic sex and flexibility of "part exclude violations" and "instead of exclusion enroach on" system. The fourth chapter discusses our country rural environmental tort civil remedy of the status.,and has made the corresponding elucidated. Mainly to the current our country countryside environment tort civil relief way and relief way made a review systematically. The fifth chapter discusses how to perfect our country's rural environmental tort civil remedy legislation move. First of all, introducing the principle of benefit measure as rural environmental tort civil remedy for basic principles. Secondly, perfect civil relief way and relief way. Civil remedy way are mainly to eliminate violations and damages two kinds. In the exclusion of attacks, In the exclusion of attacks,should introduce harmonic sex "part exclude violations" and "replace exclude the infringement compensation" system. In damages, should expand relief way, introducing damages socialization system, to ensure the victim can get timely relief. Through the various approaches to civil remedy for comparison and analysis, aim to establish perfect civil relief way. Finally, in order to make the victim can get better civil remedy, shoud establish corresponding victims compensation system for civil remedy or compensation mechanism, environmental liability insurance.