The Primary Defects Of Our Country's Environmental Civil Action And The Completion Thought

With the highly industrialization of society, people's life and development has beenthreatened by environmental pollution and violation , Environmental dissensionincreases year by year . The environmental civil action is the important component ofsolving the mechanism of the environmental dispute , but we have no one moreenvironmental civil action law . The regulation of environmental civil action injudicatory exists institutional disappearances, so there is blank place in this kind ofcases and the courts have nothing to do with environmental infringement,environmental tort can not keep within limits effectively . This situation not onlytouch people's environmental right ,but also effect our country''s stateliness andauthority. In environmental infringement, the interest of the individual plaintiff maybe very small rights in most occasions, but from the viewpoint of whole society ,always relate to enormous public interests, so we have to pay special attention tolawsuit guarantee on environmental entanglement , environmental civil action mustreform and innovate! In order to improve environmental civil action'smaneuverability ,strengthen construction of civil action law ,the text separates fourparts to analyzed the main problems in our country's traditional environmental civilaction, I hope to do some good to completion of the legal system of environmentalcivil action of our country.The first part bring forward the concept of environmental tort and the problemsrelated. The text gets some differences between environmental tort and common tortfrom professor Chen Quan sheng, doctor Cao Ming de and professor Wang Mingyuan's description to environmental tort, These defferences are undirectness,universality and ineluctability .Then the text discuss some problems related onenvironmental tort.The second part is the summarization of environmental civil action.The textsummarize the shortage in our country's environmental civil action law fromactuality , then analyse environmental civil action meaning and characteristic intheory.The third part analyse the disappearances in our country's environmental civilaction from environmental civil action law's subject range, lawsuitrange ,compensation regulation ,appeal time limite five aspects.The fourth part combine our country present actual state of environmental civilaction, learn from abroad legislating advanced experience, and then bring forwardseveral aspects to perfect our country's environmental civil action: firstly, open up thesubject range of environmental civil action,set up citizen suit system;secondly,extend the lawsuit range of environmental civil action;thirdly, definitudecompensation range of environmental civil action;fourthly, prolong or cancel appealtime limite in environmental civil action lawsuit;fifthly, constitute and complete theenvironmental civil action evidence system.