Research On The Jural Remedy System Of Environmental Tort In China

As the rapid development of industrialization and urbanization in a large scale, phenomena of environmental torts which aroused by pollution and destroy of environment and remedy of them will become one of the biggest social issues in our country. While environmental torts caused by pollution is a special type of torts, we haven't studied it deeply and systematically, what's more, legislation in this field needs improvement. This thesis studied the legislative theories, practices and features on environmental torts remedy of foreign countries, analysed and comment on the present situation of disputes caused by environmental pollution, the author aims at putting forward the theoretical basis and reasons for the improvement of legislative system on environmental torts remedy in our country.This thesis is divided into four parts altogether besides the foreword and the conclusion.First part: it is a discussion of the basic theoretical question about the environmental tort. In studying relieves system of environmental tort, at first we must mention the theory of environmental right, which is the important theoretical foundation of this text. In environmental tort theory, the author clarifies the concept, features and requisites to constitute an environmental tort.Second part: the legal principle is investigated about the relieves the environmental tort. The authou sets out from the exterior uneconomical theory and explains the economic reason why the environmental question produces. Secondly, the author discusses legal foundation of environmental tort from two angles: the right conflict needs remedy and socialization of civil law.The third part: it is introduction of the relieves of the environmental tort both in China and the foreign countries. In this part, the author carry on further introduction on this legal theory and practice in Japan, Gemany, France and some case law countries. And then analyze the relief system of environmental tort in our country.The fourth part: it is the perfection of the legal relief system of environmental tort in our country. As a whole, the guidelines of the legal system in environmental tort relieves should be under the idea of sustainable development and realize transforming from "the doctrine of human centre" into "the doctrine of ecological centre"; in concrete institutions, we construct from the two respects mainly: the remedy in advance and after. Among them, the remedy in advance is the point in this thesis. And the most important aspect of the remedy in advance is the development of the environmental education and the environmental protection organization.