Interests In Environmental Tort Relief Measure

Environmental tort is one of specific torts. Balancing of interest in legal remedies for environmental tort, which is based on the specialty of environmental tort and follows the demand of sustainable development strategy, is a reform of conventional law of remedies for tort. In this thesis, there are five parts to discourses this problem completely.By comparing environmental tort with traditional torts, the first part of this paper generalizes that the causes of environmental tort have their own legality and social rationality. Furthermore, it formulates that the remedies for environmental tort shouldn't simply follow the conventional law of remedies for torts, but have some changes ,and points out the necessity of balancing of interest; In the second part, the paper, taking the United states ^ Germany and Japan for examples, introduces then-relevant systems of balancing of interest in legal remedies for environmental tort; The third and forth parts respectively make a thorough study of the jurisprudence and economics basis of balancing of interest, and talk about its value goal, subject, patters of right, ways of realizing, concrete considerations etc. To further discourse these, the paper also studies two typical cases.Balancing of interest in remedies for environmental tort is mainly embodied in the flexible selection between compensation for damage and removal of infringement. It plays strict limitations on the adoption of the latter. However, as a reform and breakthrough of conventional law of remedies for tort, this theory hasn't been perfect till now. Therefore, hi the last part, some problems needed considering and resolving further are brought forth.