Comment On Environment Tort

With the rapid development of global economics which increases the opportunities of developing and using the environment resources. As a result of the economic development, the pollution has brought a series of problems to the countries such as: the acid rain, the destroys of ozone layer, the green-house effect on the global climate, the sharp decline in biodiversity, the virulent chemical pollution and its transfer crossing the border, intensive soil degeneration, exhaustion and pollution of fresh water resources. In order to protect the environment, realize the sustainable development of economic society, countries are looking for a lawful solution to the environmental tort problems besides using the economic and technological methods. Both domestic and foreign scholars generally claim that the environment right should be raised to a position of legal rights, so that it can become a fundamental right of the constitution of the environment era. However, the majority of countries do not admit environmental rights as a sue reason in practice. Therefore they fail to protect citizens'environmental rights effectively. Our academic staffs of environment law do not agree on the independence of environmental rights, the essential parts making up of environmental tort, the principals of responsibilities and how to help those getting into the environmental tort and etc but instead they have a diverse of perspectives on these problems.This article discusses how to protect people's environmental rights and interests on the way of law which from the environmental right infringement right foundation, the responsibility principle, the component parts and the construction of the relief way. The author thinks that the environmental right is one kind of independent social right, which should constructs our country's environmental rights system from two aspects--- the entity and the procedure. The author also thinks this could be taken as the foundation of the environmental right's infringement relief mechanism. The environmental right infringement including the entity significance environment right infringement and the procedure significance environmental right infringement. Both of them have different behavior characteristics and different component parts. And analyze these two things correctly is the premise to carry out the environmental right's infringement relief. Facing the serious environmental right infringement phenomenon, the way of our country's environmental right infringement relief exposes some deficiencies. In order to solve these problems, the author believes that we must persist in the idea which combined with the sustainable development and the right relief individual and social. And we also need to relief the environmental right infringement from four directions----the private strength relief, the civil relief, the administrative relief and the social relief. Just do these, people's environmental rights and interests would be get the real safeguard.