Research On The Illegality Of Environmental Torts

Exploration into the illegality of environmental torts which having instructional meaning to environmental pollution case is signification topic in the fundamental research of environmental law. Which is to be chose between the people's economic losses and economic development is a very important issue.Therefore,the paper is divided into four parts to set forth and demonstrate. Firstly, through starting with the connotation and extension of the illegality of environment torts, the paper clarifies what laws the environment torts violate from the two respects of the natural law and positive law. Secondly, according to the relationship of environment torts and their attribution principles, the paper dissertates the relationship of the illegality, fault, no fault and mixed-fault in the attribution principles of environment torts. Thirdly, after mastering the relationship of the environment torts and compensation for damages, the paper ascertains the scope of the protected rights and discusses how to protect the rights from the respects of the natural law and positive law. Finally, for benefiting the construction of the illegality of environment torts conforming to the situation in China , the paper demonstrates the status of the illegality of environment torts and how to define the illegality of environment torts in the environment torts.