Comparative Study On Sino-America Environmental Tort And Its Remedy

With the development of economy and society, environmental tort which caused by environmental pollution and ecological disruption and its remedy has become a serious social problem. Comparing with tradition tort, environmental tort as a new-type tort has its unique characteristics. These determine that the criterion of liability, component parts, remedy, etc. of environment tort are different from traditional tort. In our country, the environment tort and its remedy are not deeply and comprehensively researched yet, relevant legislation are not perfect either. Comparing the theory and practice in concept, classification, formation, remedy, etc of Sino-America environmental tort in all-round way, this paper thoroughly analyzes profound reasons such as history,culture and legal tradition , absorbs advanced experience for reference, expecting to benefit the develop and perfection of the theory and practice of environmental tort in China. This paper includes five parts.First part expounds the similarities and differences in concept, classification and legal sources of environmental tort in China and the United States. This is the content which scholars usually ignore in comparison at present. Comparisons in concept, classification of environmental tort and legal sources are prerequisite of further comparison, and it is the innovation of this paper.The second part of the paper is comparison of the constituent of Sino-America environmental tort. The constituent of tort is the core of the tort theory. This part comparatively researches the liability criterion and concrete constituent, including different attitude and practice in China and the United State.The third part compares remedy of Sino-America environmental tort. The main purpose of the study of environmental tort is to prevent environmental tort and offer abundant remedy in time. The remedy of environmental tort can be divided in many ways, such as remedy by common strength and by private strength; civil remedy and administrative remedy etc. This paper divides it into preventative remedy in advance and compensative remedy afterwards, focus on two major remedy fashions -compensation and get rid of infringe and gives consideration to other remedy fashions. Speak highly of characteristic experience of the U.S.A., this paper points out the deficiency of the current system of environmental tort remedy in China.Based on the comparisons of the similarities and differences in the fore three parts...