On The Civil Liability Of Environment Infringement

With social development, people have been paying more and more attention to the question of environmental protection .As people thinking how to adjust the relation between environmental protection and laws /They find a series of new problems on the combination of traditional tort theories with environmental protection and it demonstrates a degree of complexity . This kind of complexity is shown as mainly: In one hand, the traditional theory of Civil law faces a unprecedented challenge in the field of environmental protection, Some principles and theories seem difficult to meet the needs of environmental protection. On the other hand, the Civil law expresses out an important and irreplaceable position in the field of environmental protection. And, it also shows out a trend of becoming more and more important in future. So it has a very important meaning to strengthen research on the theory of environmental tort, and study how to make the Civil law meet the needs of environmental protection .The theory about Environmental tort is not only to move the Civil Law theories into the environmental protection realm, but to have a combination of two. Studying the theory on environmental tort does not means to put the theory of Civil law in the field of environmental protection simply, But to find a way that can organizes the two. One theory thinks, only to existing civil law theory slightly can meet the needs of environmental protection , we needn't change the traditional theory. Another kind of theory thinks , traditional Civil laws are difficult to meet the needs of environmental protection in many aspects .It is necessary to change the basic principle of traditional Civil laws greatly . Each theory mentioned above has its rationality, but there is a weak point: The first theory ignores the particularity of environmental right and the distinction betweenenvironmental tort and general tort. The second theory emphasizes the right for environment and the particularity of environmental tort too much , but it oversimplifies the understanding of Civil law principle . I think , the principle of the Civil law has its rationality , and its development has its own regularity ,we can't presented some new, complicated situations in the course of its development, On put forward and go on problem that change to it easily. Environmental tort is a kind of special torts . Compared with general tort theory , The theory of Environmental tort demonstrates a certain degree of complexity and particularity. Looking from logic, the theory on environmental tort and the general theory of tort are the same in essence , But it is different that it behaves. So thinking how deduce basic principle of Civil law correctly in the field of environmental protection, should be what we should do first at the time of studying and probe into the Civil law protection of the right for environment.Though Civil law play an important role in the field of environmental protection ,it has its own limitation . Therefore, it is important to enhance research on the theory of Environmental tort. The Civil Law can only work within the scope of a certain of society relation. We should not hoping it constantly beyond the reach of its functional resulting .It can't be neglected that the Civil Law, as one method of law, moderate with the Penal Code and the Administrative Law, as could build up the law system of environmental protection. But, it is not suitable to exaggerate its function on the environmental protection.