On The Civil Remedy Of Environmental Damage

Environmental problem is a big challenge that human being is faced with, while law is an important way and tool to solve this big problem. One of the key methods of solving the environmental problem by using law is by means of providing the relief to the harm to the environment to regulate the behavior of human being's influence on the environment. Selecting different relief systems will result in different consequences.With inapproprite choice, such consequences as that individual's interests will be done harm to and the nomal development of the society will also be harmed will occur.Beginning with the analysis of the environmental problem,enironmental damage and the concepts and characteristics of the environmental damage, this article questions the non_responsible principle adjusted to the environmental damage. Also based on the argument that environmental damage is the inevitable outcome of the conflicts of the interests and that the interests that make the enviromnment damaged have their categories, this article puts forward a method that will be adopted that the responsibility compensation in the environmental damage relief and the beneficiary compensation relief should be considered at the same time.In other words, if the citizens damage the environment, then they should be responsible for the damage, and if the damage is done to the environment not intentionally by the citizens, then the benificiary will conpensate for the damage. Thus the goal of being fair in front of the law will be met. After putting forward the method of the ways of compensation, this article analyzes in detail the ingredients of the the resposibility compensation and the beneficiary compensation. Responsibility conpensation consists of interests damage, damage behavior,subjective damage and the relation between the damage and the damage behavior, and the beneficiary compensation consists of the following elements: interests damage, damage behavior, the relation between the the damage and the damage behavior and the actual benificiary of the damage, the defendant.