Environmental Civil Remedies Economic Analysis

Since 20 centuries, with the large-scale development of industrialization and urbanization, the environmental pollution problem become more and more serious, and become a global problem .And then the environmental tort problem also change to a serious social problem and law problem .As a result, all countries carried on the specialized laws to deal with the environmental pollution problem and then build up the environment law system of to resolve environmental tort problem . The object of this thesis is the civil remedies of the environmental tort. The environmental tort is a kind of special torts that breaks the environment and causes personal injury and loss of property. There are many characteristics in environmental tort, such as complexity. This thesis will adopt the economic methods to the civil remedies of the environmental tort. There are four chapters in this thesis. In chapter 1 we mainly define the basic concepts of this thesis, such as the environment tort and the civil remedies of the environmental tort. We also point out the research topic and the range of this thesis and give an overview concerning the civil remedies of environment tort in law. In chapter 2 we analyze the optimal civil remedies of the environmental tort under perfect information and imperfect information (that's the choice in compensation and injunction). The stipulation condition that we consider is mainly the information. Under perfect information, the optimal remedy is easy to make certain, compensation will be efficient under all possible conditions. Under the imperfect information, circumstance become more complex, but the optimal civil remedy is also the compensation and the key to the problem change into evaluating the loss or the abatement cost of the plaintiff. There is a special analysis on compensation in the end of this chapter. In chapter 3 we discuss another civil remedy in the environmental tort: covenant. We use the theories of negotiation to analyze the cooperation of the parties. After a review to the Coase theorem and the theories of negotiations we give a commentary. In this chapter we suppose the parties carry on the negotiation under the law rule that we design in chapter 2. Joining the information,transaction cost and the litigation cost to the theories of negotiation ,we divided into the bilateral negotiation and the multilateral negotiation under perfect information and imperfect information. We discover that under perfect information, if the parties reach an agreement, then the agreement is efficient. If the information is imperfect, the agreement which the parties reached is also efficient. We still compared the influences on the negotiation by the law rules we designed in chapter 2 and the traditional law rules, we discover the law rules that we design will be more advantageous to the cooperation between the both parties. Finally we explain the dispute solving mechanism in law intermediation from the angle of the negotiation theories. In chapter 4 we review the existing laws concerning the civil remedies of environmental tort in china and various suggestion drafts by different scholars. After giving a comment according to the conclusions in chapter 2 and chapter 3, we put forward the homologous suggestions.