A Probe Into The Moral Damage Compensation Caused By Environmental Torts

Moral damage compensation, caused by environmental torts that is a special kind of torts, which distinguishes from the traditional moral damage compensation with the characteristics of criterion of liability, causal relationship, the burden of proof .This dissertation, consisting of four chapters, systematically deal with basic theory of moral damage compensation caused by environmental torts.The first part mainly outlines system of moral damage compensation caused by environmental tort. Started with the definition of moral damage, the article deduces the concept of moral damage of environmental torts, and analyzes its characteristics, and it is followed by the meaning of moral damage compensation which is caused by environmental torts. Then, it points out its legal basis, which is the basis of this article. The second part concerns the criterion of liability of the moral damage compensation caused by environmental tort. Firstly, this part analyzes the development of criterion of liability of the environmental torts and summarizes the criterion of liability of environment tort now. Secondly, it attempts to discuss the criterion of liability of civil damages. Finally, on the basis of discussion as above, the article gets the conclusion that the criterion of liability of moral damage compensation caused by environmental tort: no-fault liability.The third part is the main part of this article, which discusses constitutive elements of moral damage compensation caused by environmental tort. Firstly, on the basis of analysis of constitutive elements that civil liability of environmental torts and civil moral damage compensation concern, this part turns out constitutive elements of moral damage compensation caused by environmental torts: environmental torts, the facts of moral damage, causal relationship. Secondly, the three elements were discussed in detail.Part IV discusses the scope of moral damage compensation caused by environmental torts. Firstly, from the perspective of the right subjects, the article defines the scope of moral damage compensation caused by environmental tort. Secondly, from the perspective of the right objects, it defines the scope of moral damage compensation caused by environmental torts. In the end, article discusses approaches of assessment on the amount of compensation.