A Analysis On Executive Power Remedy Of Environment Tort

By contrasting environmental tort of the public right and civil right, we can found that civil remedies alone can not completely make up the loss coursed by environmental tort. In many cases, because of Specificity of environmental tort,injured party have a lot of difficulties in the court for lack of adduce evidence,furthermore, the delay of lawsuit and compensation can not obtain from court made victim's legal rights can't gain due protection. Given the current social protection of the environment, as well as environmental protection led by the government,the author arrive at a conclusion that the government should strengthen the power of the environmental tort relief efforts and discuss the details of possibility and validity of public power remedy.only by strengthening the institution construction and playing the superiority of the public power can we gave victims more choices to choose to protect their legal rights.This study focused on the public right to environmental tort relief channels. through studying the institutions of foreign countries public power relief, the author intended to find a way which is suitable to our country's public power relief by conbination of the reality. furthermore,by combining the Complementary of civil relief and public relief, the author trying to find a main clue to make up the defects of civil relief.based on this conceive,the author advanced several systems such as,prevent system,liability insurance system,environmental tort reserve system,environmental public interest litigation system,environmental litigation for public intrest system to solve the problem of China's environmental tort ,and based on these systems to construct China's environmental tort public relief to make social development and civil right protection in a reasonable balance.