Study On Civil Liability Way In Environmental Tort In China

With the social development, People have been paying more and more attention to the question of environmental protection. And with the rapidly large-scale development of industrialization and urbanization, environmental tort has become a great social problem the making facingThis paper analyzes the civil liability way for infringement of China's environmental problems, the study found that the primary responsibility way of environmental infringement is injunction and damage but they exist problem all. Injunction of liability way is a responsibility to take preventive measures positive way infringing on the environment is particularly applicable to this particular infringement, but the actual situation in justice is difficult to be realized in practice, mainly because there is no measure of the use of the principle of interest measure, not complete cessation the economic activity of polluting enterprises, then ignoring the damage caused by the victims. Based on the analysis of a foreign environment to exclude tort liability against the concrete application of the way,we think that our country should be ruled out in the environmental tort liability against the interests of ways to measure the use of principles and interests to define the criteria for assessment, at the same time put forward the idea of legislation; this paper against damages in environmental tort liability of the limitations analyzed in three aspects, first of all, analysis of the traditional limitations of compensatory damages , and the proposed introduction of the system of punitive damages, punitive damages and the application of conditions, exceptions apply and the amount of compensation issues such as design, put forward a legislative proposal at the same time; Secondly, the environment resulting from infringement claims to compensation for moral damage, and the spirit of elements of damages and application of the principles defined; Finally, those responsible for environmental violations can not afford not responsible for damages or problems, that means a liability of the mechanism of society and society from the responsibility of the model, the scope of application areas such as design, and legal view.