Study On Environmental Tort Civil Liability

Modern social, environmental is inceasing worse and worse. The one of important research direction is that how to solve environmental problems have been each subject. Because that is the essence of the environmental right of citizens have the right of basic human rights properties, this determines the environment right for more time to privacy. Through adjust the environment infringement between caused by the legal relationship, using the civil liability system of prevention and punishment function, can rise to fill damage, safeguard fair purpose.In July 2010 implementation of the tort liability law further improved environmental tort related theory, that is clearly fault liability principle for environmental tort civil responsibility imputation in third person, will fault eliminate defenses besides, more effective to protect the interests of the victim, reflect the legislation and justice purpose.But, our country is still lack of environmental tort civil liability system comprehensive and deeply research, relevant legislation also incomplete, lead to practice cannot timely, reasonable to the victim for relief. In this paper expounds the basic theory of environment infringement on the basis of environmental infringement of our country, the civil liability of the imputation principle, such defenses and assumes the mode analysis of the current situation, we found in China environmental tort civil liability several defects, through the course of the study, we could improve China's Environmental Liability related legislative proposals and a sound system of ideas.During the research this paper adopts a comparative, history, semantic reasoning methods such as, through comments in the developed countries for reference environmental tort civil liability system, puts forward the environmental tort civil responsibility legislation Suggestions and sound related system conception.