The Study On Civil Liability Of Environmental Torts

Civil liability of environmental torts refers to a civil liability that may be caused by the doers who contribute to environmental pollution or other damages to the environment and therefore endanger people's life, health, property and Environmental Rights. It has two characteristics that it applys no-fault-liability and can not to find the liability bearer. There are some particularities of the structure of Environment tort civil liability, which depend on the features of environmental tort. Force majeure, fault of third party and the responsibilities of victim are exemption excuses of tort liability. The responsibilities of victim can be divided into three kinds: itention of victims, gross negligence and general negligence. And it is ruled by environmental law. In the author's opinion, force majeure, itention of victims and gross negligence can be exemption excuses of tort liability while fault of a third party and general negligence can not be. Elimination of danger and compensation for loss are the ways of undertaking about civil liability of environmental torts. Complete compensation principle should be used in dealt with material damages caused by environmental tort. Compensation for losses includes direct loss, indirect loss, prospect interest and spiritual damage. And the social compensation system and punitive damages system should be established.