Environmental Infringement Of Civil Liability And Civil Remedies

With the rapid development of industrialization and urbanization, people wantonly let out all kind of poisonous and deleterious material and unreasonable develop and utilize natural resources in the during of pursing the economic rapid development. So environmental quality become worse and ecological damage also become more and more serious. At last, economic development and people's life quality improvement are counteracted, and the survival and development of the human being is threatened. Therefore, it has been urgent and arduous task that protecting the ecological environment and realizing the sustainable development. Environmental protection and economic development have been very important topic for discussion and its relationship affects common destiny and outlook of the human race. At present the law system of our environmental tort civil responsibility and civil remedy is unbenefit to victim who suffer from environmental pollution and damage. Firstly, this thesis researches on environmental right, environmental problems, environmental tort in chapter one , then on civil responsibilities in chapter two and modes of environmental tort and in chapter three, finally,on civil remedies of environmental tort in chapter four. This thesis analyzes the actual state and problems and takes theory and practice of the developed counties into account in environmental tort and civil remedy to consummate law system of our environmental tort civil responsibility and civil remedy. Environmental tort is one of specific torts, which not only causes environmental pollution and damage to ecosystems, but also causes personal injury, loss of property and damage to environmental rights. There are many characteristics in environmental tort. It has had great influence on civil rights systems. The requisites to constitute an environmental tort are damage and causation. Presumption of causation rule has been used in its causal relationship. For example, the preponderance evidence rule, the proportionality rule, epidemiology, etc. and some countries have established the rule by prejudication or statute law. There are no specific provisions to presumption of causation, but it is applied in practice in our law. There are five important forms forms of environmental tort liability, they are injunction, removal of obstacles, removing a hidden danger, restoration to the original state, compensation for losses. This thesis mainly researches on civil sue, consultation or mediation, civil arbitration and self-remedy. Especially researching on civil arbitration stressly to fully exert the function of arbitration which protects environment tort victim.