Research Of Civil Liability Of Environmental Tort

Civil liability of environmental tort is one of three important environmental legal liabilities. Research of civil liability of environmental tort has a very important value for development of environment law. The research importantly expedites ecosystem protection and ensures its scientific development. In this thesis, the basic problems including the production, principle, composition, counterplea origin and commitment mode of civil liability of environmental tort are discussed and analyzed theoretically. Borrowing ideas from the system of civil liability of environmental tort, we bring forward our suggestion about perfecting the system of civil liability of environmental tort in China. The thesis consists of following four parts:Part 1 is a general description about environmental tort and civil liability of environmental tort. The concept, characteristic and reason of environmental tort are analyzed. Then, the thesis deeply discusses and researches concept, characteristic and function of the civil liability environmental tort. In this way, the theoretical foundation of father analysis in the following text is established.Part 2 describes the system of civil liability of environmental tort. The system can be reduced to four aspects: liability principle, constitution, counterplea origin and commitment mode. The thesis discusses those four aspects in detail. The evolvement history of ascribing principle is discussed and then the perfecting suggestion is brought forward. When analyze its constitution, we advocate that illegal tort is not a suitable constructive factor of civil tort. Main counterplea origin is discussed. It is advocated that the force majeure is not a suitable reason of removing liability. But it can be treated as an origin of reducing liability. At the same time, main undertaking modes such as loss compensation, eliminating harm and resuming are discussed.Part 3 describes improvement of the system of civil liability of environmental tort in PRC. No advancement exists without comparing. In fact, comparing with advanced western countries, our system of civil liability of environmental tort is not perfect enough. Big difference is still exists between advanced western countries. and our country. In the thesis, systems of civil liability of environmental tort of USA, Japan, Germany and France are analyzed. The thesis points out that part of our system of civil liability of environmental tort need be improved urgently.Part 4 describes melioration of our system of civil liability of environmental tort. The thesis aims to improve our system of civil liability of environmental tort to speed harmonized development of our economical society. In this part, improving suggestion about litigation's main body, liability of producing evidence, causation and compensating range is describes as a lawmaking suggestion. At same time, thesis suggests that the legal cost of civil case should be in favor of victim or person aggrieved/suffered. Establishment of social compensation system and punishment processing is suggested too.