Study On The Tort System Of Environmental Pollution In China

Ecological civilization has become the political civilization and economiccivilization, equally important civilization scale, this is the consensus of the world.China held the eighteenth National Congress of the Communist Party, has officiallyconfirmed the ecological construction is one of the five major construction andpolitical construction, economic construction, social construction, culturalconstruction in parallel, the ecological environment is also unprecedented has beenelevated to the national policy of ruling the country for the prominent position.However, the same problem is obviously, the objective law is limited to the level ofdevelopment and development priorities, development of resources and environmentin China compared with developed countries is still very backward, both legislationand judicial practice, and theoretical research, the environmental legal construction ofour country have perfect huge promotion space optimization. The ecologicalenvironment is of great influence on national life, health, foreign relations with theinternational image and regional responsibility, derived from the environment rightand citizen’s personal rights and property rights and interests linked, for socialharmony and stability, sustainable development has the pivotal significance.The pollution of the environment infringement is the key problem ofenvironmental pollution law. The core problem of modern environment law circles, ishow to construct and China current realities of environmental pollution tort liabilitysystem. This is a form of tort liability of environmental pollution system, in otherwords, that the process of the environmental pollution tort, basic problem is theimputation principle, constitution, defense, bear methods theory and provisions of theabove, overall structure composed of environmental pollution tort system, this is a alogical, together as a whole, the mechanism and the background reasons in-depthinquiry is the basis of constructing the environmental pollution tort system. On theother hand is the evaluation and constructive suggestions on our country’senvironmental pollution tort liability system, due to the development of tort lawsystem of environmental pollution in China is still in the initial stage, compared with the mature state of the rule of law, in our country all levels of the operation of law andtheory circle, there are still room for improvement huge. Generally speaking,environmental tort social relief and public interest litigation, punitive damages is aproblem, several key points need to be solved urgently in environmental tort liabilitysystem in China.The purpose of this paper is to use various methods, comprehensive China’s legaltheory and practice, from various angles and aspects of comprehensive analysis ofenvironmental pollution tort liability in our country’s development present situation,and to provide helpful to optimizing our future.