Study On Civil Remedy Of Environmental Tort

At present, environmental tort and it's remedy system have became a serious social problem. Environmental tort originates from traditional tort and it is one of specific torts, but there are many obvious differences between these two torts, such as liability criterion, inscape, presumption of causation, onus probandi and prescribed period for litigation. There are about 43,000 Chinese characters in this thesis, including four parts. In part one, the nomological foundation of civil remedy of environmental tort is mainly discussed. environmental tort is one of specific torts, that not only causes environmental pollution and damage to ecosystems, but also causes personal injury, loss of property and damage to environmental interests. There are four characters in environmental tort which decide the difference in the system of remedy. Then, on the basis of the meaning of civil remedy of environmental tort, the nomological foundation is the socialization of civil law and the private law trend of the environmental interests. In part two, many basic issues of civil remedy of environmental tort are discussed. On the liability criterion, liability without negligence should be the principal part, liability in equity should be supplemental. At the same time, research on the risk-bearing liability should be advocated. On the inscape, the requisites to constitute an environmental tort are only injurious act, damage and causation. it is noticeable that lawless act is not the prerequisite of environmental tort. On the excuses for nonresponsibility, they are self-defence and act of rescue besides force majeure, fault of the third party, fault of the victim. In part three, the experience in many foreign countries and Zone are introduced, including Japan, German, America, Sweden and Taiwan of our country. Such precious experience about the theory and practice is very useful for us. Then, author appraises the actuality in our country about the civil remedy of environmental tort. In part four, the main content is how to perfect the civil remedy system of environmental tort in our country. At first, the two principles of balancing the equities and harmony should be established to direct the remedy system. Second, a uniform remedy track system should include compromise, intermediation, arbitration and civil litigation. Third, compensation and get rid of infringe are the major remedy fashions. Compensation range should include property damage, personal injury, moral damage and environmental damage. Additionally, exemplary should be applied in civil remedy of environmental tort.