Study On Civil Liability System In Environmental Tort In China

Environmental rights is a new style right which based on harmonious and respectable relation between the human being and environment. Environmental rights has been established ultimately after scholars carried out much argumentation about whether it is in existence or not. The due restriction of environmental tort was ascertained to apply with the liability without fault which is more effective to protect environment and achieve justice after a very long time. As a new type tort in modern industrial society, environment tort has not been studied in-depth and by the numbers in our country until present, the legislation concerning it is also not integrated. Environment tort is a special type tort, which comes of the humankind's behavior and bring on damage to personal rights and property rights along with environmental rights through regionally environmental destroy. Indirectly;universality;delitescent;complicacy;legitimate in administration and each privy's status in it is not equally are environment tort's characteristic that are different with almost all torts before. All these characteristic determines that the civil liability about environment tort is not identical with all traditional regulation. The civil responsibility of the environment tort, mean the doer whose behavior pollution environment, bring damage to resources or make other destroy on environment, and do harm to the nation or the others' property rights even personal rights, should burden the responsibility according to the civil law or the environmental protection law. The composing item of the civil responsibility of the environment tort mainly includes that: the damage fact, the consequence and the behavior's fault. Compare with some western developed nation, such as The United States, Japan, French etc, whose is advanced in environmental protection legal system, the civil responsibility of the environment tort system in our country still exists some obvious shortage. The strength to the environmental protection is not enough;the law system can hardly carry out the equity to the civil responsibility. It can hardly attain the purpose of the all-directions environmental protection. Owing to the condition on lawmaking concerning the environment tort in our country presently, we should study the foreign country's successful lawmaking experience audaciously. The writer think: in our country, to consummate the civil responsibility of the environment tort, we should consummate the civics' civil claim rights about environmental protection;Establish the public-spirited litigation system of the environment tort;Apply punitive indemnification principle under considering the social development condition and keeping balance in benefits' distributing;Establish liability fund system and insurance system on environment tort in ourcountry. We should perfect the civil responsibility of the environment tort system by construct the legal system. We could do better with environmental protection, and then push all-directions development of the economy society.