Study On Civil Remedy Of Environmental Tort Law System

In 2010, British Petroleum (BP) founded a special independent fund, the size of which is approximately 20 billion, to pay for the reconstruction of environment and the reasonable compensation, while Zijin Mining Group did not make a compensation announcement until a long time after the accident that the Copper Acid leaked happened. The contrast between two corporations reflects the difference between the expectation to the future liability of them, and in further the legal system. The law on the remedy for environment tort in China is far from perfect, which can be seen through the attitude and actions of Zijin Mining Group after the accident. For this reason, I will come up with several ideas in this article on how to improve the legal institution on the remedy for environment tort in China, based on the research of the theories, statutes on environment tort and judicial practice of other countries, through such research means as comparative analysis, case analysis and historical analysis.Apart from the Introduction and Conclusion, this article consists of four parts as following: Chapter 1, outline of liability of environment tort, defines environment tort according to relevant theories and statutes, and summarizes the characteristics of environment tort after the analysis of many typical cases and theories;Chapter 2, foreign legal institute on environment tort, analyzes and compares the legal institute of several developed countries on remedy for environment tort, such as"Nuisance"in USA,"Immission"in Germany, and"social effects of pollution"in Japan.Chapter 3, Chinese legal institute on environment tort, states current situation of the legal institution on environment tort in China: recognizing preliminary victims'rights of asking for cessation of infringements and compensation; considering the pollution hazard and the causation relation between pollutant behavior and pollution hazard as the constitutive requirements of environment tort; adopting the doctrine of no fault liability and inversion of burden of proof. I also point out in this chapter the defects of existing legal institution, such as the indistinction of principle of imputation and the broad of the way of the assumption of liability.Chapter 4, advice for improving Chinese legal institution on environment tort, comes up with several pieces of advice to improve Chinese legal institution on environment tort, based on above analysis, such as , clearing the division of responsibility principle for environmental tort,reducing the victim's burden of proof , carrying out the socialization of liability for damages and making the way of stop infringement more flexible.