On Environmental Tort And Its Relief

There are eight parts in this thesis. They are introduction,environmental right , environmental tort, the remedy of environmental tort, the comparative law analysis to the remedy of environmental tort in the west developed countries, the present situation and confusion to the remedy law of environmental tort in China, the realistic mechanism to the remedy of environmental tort ,and conclusion. In a word , the paper makes a more comprehensive analysis and discussion about environmental tort and its remedy.In the face of the conspicious problems on environmental tort day by day, the author stands on the point of the sustainable development strategy. By combining system method, comparative method, historical analysis method , social science method, economic science analysis method, etc, the author attempts to make a deep study on the basic principle of environmental right , the concept and characters and its requisities to constitute an environmental tort ,and to analyze the legislative basis and characteristic principle of the remedy to environmental tort from the view of civil law socialization , liability socialization, etc. Based on the current condition and confusion of environmental tort and its remedy in China, the legislative theory and legislative practice of environmental tort and its remedy in the west developed countries have been comprehensively reviewed .Especially, the author elaborates the realistic mechanism to the remedy of environmental tort. Its purposes are to fully protect the environmental victims, to realize the unit of economic benefits, social benefits and environmental benefits.As a result, there is a very long way to depend solely on the public remedy of administrative law and penal law to protect ecological environment and natural resources. Furthermore, with the efficient application to the strategy of the sustainable development , The environmental law theory and its legislation in China left behand and can't meet the practical demands. So it needs to be amended and perfected the related theory on environmental tort and its remedy in the light of experiences of other countries, which may provide important theory basis of the perfection about the legislative institution in the environmental tort and its remedy.In order to solve these problems, some suggestions are put forward from the prospective of legislative theory in civil law . First , we should construct legislative system of environmental tort remedy in the view of the sustainable development . Second, we should construct double ways to protection mechanism of environmental tort remedy. Third , we should perfect the civil remedy of environmental tort . Finally, we should amend the concrete legal stipulations about the resolution way to environmental tort dispute.