A Study Of Civil Responsibility Of Water Pollution Tort In China

With the rapid development of industrialization, the growing phenomenon of water pollution, which leads to the infringement dispute, has become a major social problem. Water pollution infringement is a special kind of environmental tort, environmental rights be infringed object to this change in responsibility principle, components, and other aspects of causation identified with the traditional tort is significantly different.Civil responsibility of water pollution tort is the perpetrator has unparalleled criminal and administrative responsibility for the relief features, fixes and prevention function, and it also can give the victims of environmental pollution timely and practical help. With the Model of social relief emerging, Environmental Liability plays an increasingly important role in the protection of the environment, helping the victims.This paper proposes improvement of water pollution on the recommendation of Civil Liabilities by the way of describing the system of water pollution violations of the civil liability of the basic theory and all kinds of institution.This thesis is divided into four main parts. The first part discusses water pollution violations related to fundamental issues of civil liability. It firstly explains the environmental rights and the infringement of environmental rights, the two basic concepts, and then from the definition of water pollution violations, analyzes the characteristics of water pollution violations. After that it clarifies the meaning of the Water Pollution Liability and discusses the legal basis of the individual tort liability environment and socialization, therefore, the full text of this chapter is the theoretical groundwork.The second part of this article discusses the problem of water pollution tort constitute civil liability, which is the key point to water pollution violations and identify civil liability. In the responsibility principle, it should be recognized by the principle of liability without fault; in the constituent element, the paper claims three elements, namely, water pollution violation, hazard Fact and causality, meanwhile, it explains the illegality of conduct which should not be the constituent elements; in defenses, it should include force majeure, the third and the victim, among them, the force majeure exemption is applicable in some condition.The third part of this article explains civil liability tort theory and practical experience of the water pollution learning from other countries learn. For example, Germany's main feature is to improve the system of interference against exclusion; Japan's feature is a wide range of applications for tolerance limit; for the United States, whose feature is a comprehensive social relief pattern. Taking into account the status of the legislation in domestic, it refines and analyses defects of the system of civil liability for water pollution violation, including the constituent elements, responsibilities, and procedural safeguard and so on.Part IV discusses how to improve our civil liability system of water pollution tort. As to water Pollution in China tort law of the defects, it gives some constructive suggestion from the constituent elements, responsibilities, procedures, which is also the core of this article, and innovation lies.Water pollution in China is actually adjusted at this stage mainly by the Administrative Law, civil regulations scattered all relevant laws in single-line, meanwhile, there are some deficiencies in the system, and therefore, it is difficult to play a role. This article is right from this standpoint, integration study of the civil tort of water pollution. Hopefully, it can benefit improvement of the environment tort law in China.