Research On Environmental Tort Victims Relief System

Accompanied with the rapidly developing of economy, people have entered into globalization era since 1970s, but it also has brought some negative effects while people have enjoyed significant achievement brought by science and technology. The negative effects have mainly manifested themselves in environmental issues which are brought by war and peace, relationship between the eastern and western world, gap between economy of the southern and northern world, utilization of natural resources and development of economy. According to the relevant information, environmental issues have taken up more than 50% in existing global issues, so related environmental tort issue has arousing the universe attention of the people. The research of tort issue has always been emphasis of research in jurisprudent field, but legislation has seemed a bit of weak which relevant with such specific tort brought by environmental issue. The tort liability law of the People's Republic of China was adopted by the twelfth session of the Standing Committee of the eleventh National People's Congress on December 26, 2009, and has implemented formally since July 1st, 2010. The implementation of tort liability law of the People's Republic of China has far-reaching significance in real life. Compared with other department law, the tort liability law has carried out the victim-centered concept, and has focused on the caring and protecting on victims. During the two sessions of 2011, the environmental issue has been taken into implementation of the 12th Five Year Project, it is observed that the party and state has paid close attention on issue of the people. Strengthen the research efforts on victim relief system can promote precaution and surveillance of environment to certain degrees, and then can be in favor of long-term development of society.This paper suggests us to take example by valuable experience of developed countries through introduction, defining of environmental tort conception, defining of victim scope and elaboration of current situation of environmental tort relief. Seen from current development tendency of our country, it is still lacking in comprehensive and intensive research on environmental tort relief system. Though our newly promulgated tort liability law of the People's Republic of China only has four provisions on environmental tort, it is has not been adapted for the practical need of social development. Therefore, the research emphasis of this paper is elaborating how to establish the relief system of environmental tort victims.