Study On The Class Action Of Environmental Tort

The class action of environmental tort is the new lawsuit form of modern society. With the rapid development of economy and urbanization, the environmental pollution evolves gradually environmental damage, not only has caused the environment destruction which we survives periphery, but also brings the heavy loss to the average citizen, and infringes their personal right, property right and environment right and interest. Therefore, the class action system research of environmental tort has the vital significance to environmental tort's victim right protection and the remedy of our country. In the research process, combined the environmental protection law and the civil procedure law, this paper mainly has used historical analysis, legal principle theory of law analysis, comparative analysis, systematic analysis and so on. On the foundation of the concept of environmental tort which first has been clear defined in the paper, the concept of class action of environmental tort is proposed and analyzed in detail, as well as the overseas class action system of environmental tort. Afterwards this paper expounds present situation of class action of environmental tort system to our country, and puts forward the corresponding measure to our country class action of environmental tort. Besides the preface and the concluding remarks the thesis divides into four parts as below.First part sets forth general theory of class action of environmental tort and mainly adopts legal theoretic analysis method. At first, the concept and characteristics of environmental tort are analyzed and defined in this part. The author point out that the environmental tort refers to the fact of the damage or the likelihood of damage on other people's personal right, property right, environmental right and interest or common property that caused by the industrial activity and other reason. Environmental tort has many characteristics such as accumulated, potential, complicated, etc. Secondly, this thesis introduces the concept of class action of environmental tort and then analyzes realistic and theoretic significance of class action of environmental tort. This part is the base of the thesis and makes the foundation of the following discussion.The second part of the paper elaborates the foreign class action of environmental tort and mainly uses comparative and historical analysis method. This part explores the class action of America, the chosen litigant system of Japan and Verbandsklage system of German, meanwhile emphasizes judicial practice in the field of environmental tort...