On The Civil Responsibility Of Environmental Torts

Environmental pollution and ecological damage have become thesignificant problem that mankind is faced with together, at the same time also becomethe important program that worldwide experts and scholars pay much attention togenerally. People is discussing solution to the environmental problems with economy,politics, administration, science and technology and ethics etc. meanwhile, also beginto pay attention to the important role that legal means take in the environmental crisisgradually. The civil law is very important to protect the environmental. So it has avery important meaning to strengthen research on the theory of environmental tort,and study how to make the Civil law meet the needs of environmental protection.This thesis analyzes the civil liability of environmental tort,including theconcept of environmental tort and the civil liability of environmental tort .Thenanalyzes the doctrine of liability fixation in the field of environmental civil liability.Also, analyzes what make up of and which have no responsibility in theenvironmental civil liability. And then analyzes the liability manners of civilresponsibility of environmental torts. In the more with analyzing the law systems ofenvironmental torts, I try to write my ideas about environmental civil liability.Environmental torts has the traits of inequality, sociality, values and complexity,which results in particularity of civil responsibility of environmental torts .Thedoctrine of liability fixation is no--fault liability in field of environmental civilliability. The constitution of civil responsibility of environmental torts is made up ofdamaging fact and causality between action and damaging fact, not including faultand illegality. The liability manners of civil responsibility of environmental tortsconsist of compensating for damage and eliminating trespass. The system ofsocialization about damages of environmental torts including environment liabilityinsurance and fund of environmental damages mostly need to be established in orderto relieve victims timely and properly, at the same time, not to influence survival anddevelopment of enterprises. Eliminating trespass sometimes endangers economicactivities, so principle of interest balancing should be applied when relieving victimsby the manner of eliminating trespass.Although the system of civil responsibility of environmental torts iscomparatively perfect as a whole in our country, there are quite a few problems anddefects on conflict between legal provisions about liability constitution,sphere ofdamages without spiritual damages, lack of system of socialization about damages ofenvironmental torts deficiency of means and measure of relief, which requiresus to adapt some effective and advanced methods to make the system sound andperfect.