The Study Of Environmental Tort Relief System

With the advancement in science and technology and rapidly economic and social development, environmental pollution and ecological damage caused by environmental problems facing humanity are increasingly becoming a serious social problem. Since the 1950s, many scholars from natural science, humanities and social science have addressed environmental issues respectively from their own point of view. From civil rights protection standpoint, legal studies pay their attention to the state of the environmental problems and focus on actual problems in the environment Infringement Liability, such as liability principles and causal relations. In this paper, the analysis, comparison, historical and philosophical approach are used and through the six parts of the introduction, the environment tort damages and relief, the theory and practice of China's environmental tort damages system, the foreign environmental tort relief system, the establishment of an integrated environmental tort relief mechanisms and the conclusions, a systematic analysis and exposition of environmental tort relief mechanism is achieved.To deal with the gravity of the environmental problem in modern society, the introduction part points out that, in theory and practice, the traditional civil law has made a corresponding adjustment and various social relief mechanisms have established.The first part introduces the environmental problem, the constitution of environment infringement, the principles, scope and interests involved in measuring environmental damages, and analyzes the legal basis of environmental tort relief system.After the inspection of relating theory and practice, the second part points out those deficiencies and weaknesses existing in China's current environmental tort damages system.The third part compares tort relief systems in the United States, Germany, Japan and China's Taiwan region and analyses their characteristics respectively in order to acquire reference.The partâ…£advocates building up civil environment tort relief system and establishing social relief mechanisms for environmental violations to achieve the goal of sustainable development by improving a comprehensive relief system.In short, the special environmental violations spark the adjustment of traditional civil tort relief system and eventually lead to the social relief mechanisms of environmental tort. In the design of a system, in order to effectively address environmental problems and achieve the unity of economic, social and environmental effectiveness, we should make full use of the balance method to measure interest and pay attention to the system which may have its own drawbacks, and also monitor the system and other related support systems.