On The Legal System Of Environmental Tort Remedy In China

Following rapid development on Science & Technology and Economy, the human ability of changing the nature has enhanced greatly. The ability has brought unprecedented prosperity for the human material life, but also has brought unprecedented disaster. The global environmental problems emerge incessantly, the environmental tort disputes caused by the environmental pollution and destruction also become more and more. The environmental problems not only lead to drying up of resources and the destruction of ecology, even endangered the survival and the development on universe.As a developing country, we have dual assignment of developing economy and protecting environment. However, at initial period of development, our country emphasizes economy expands blindly, causing the environmental problems worsen suddenly, and the national and people's environmental rights & interests encounter serious violation for a long time, which has become an important factor affecting development and social stability of our country.As the environmental problems are worsen increasingly, from 50s or 60s of last century, lots of countries have carried out the gigantic environment and natural resources protection and legislation work, proposed a series of conceptions on environmental rights, environmental tort and environmental tort remedy system, formed characteristic environmental tort theory and system, put into practice and have obtained remarkable effects. However, our country's environment legal system and environmental law research started late and still lacked the comprehensive and thorough investigations about the environmental tort remedy legal system. The present legal system was extremely scattered, not systematic, some even were mutually contradictory. This kind of condition has already hindered the practical remedy to the multitudinous environmental tort victims seriously, thus has hindered the formation of people's environmental protection consciousness, and also has hindered ideaistic transformation in environmental protection of government. Therefore, carring on the research on the legal system of environmental tort remedyin detail, undoubtedly, has extremely important theoretical and practical significance.The topic of this article is on the legal system of environmental tort remedy in China. Through the method of historical analysis, economic analysis, systematized analysis and so on, on the basis of using foreign legal system of environmental tort remedy for reference, depending on our country's national condition, this article expands the perspective of research, deepens theoretical research, carries on the pointedly careful analysis on the legal system of environmental tort remedy, defines definitely connotation of environmental rights, environmental tort and the legal system of environmental tort remedy, inducts the environmental tort liability insurance, the public fund compensates on environmental tort remedy and the administrative processing on environmental tort civil dispute and so on, and put up some conceptions on constructing the legal system of environmental tort remedy by the civil remedy system, the administrative remedy system, the socialized remedy system and rapid legislation. I hope it can take my pygmy effort for legislative progress of our country's environment.