On The Environment, A System Of Tort Damages

As environmental problems in China become increasingly serious and Chinese citizens' awareness of maintaining their rights is reinforced gradually, disputes over the liability for environmental damage increase drastically. Environmental damage refers to the damage that the actor caused to others through environmental pollution and environmental destruction. As a special tort, environmental damage has its own features, such as unequal subjects, valuable causal action, complex damage process and serious consequences etc. The issue on the compensation for environmental damage is closely connected not only to the rational exploration and protection of environmental resources, but also to the fundamental environmental rights and interests of a nation's citizens and the implementation of an environmental legal system. The way of civil lawsuit gives full play to environmental damage compensation and is in the core of the system, but is still faced with many obstacles. Therefore, no matter in developed countries or developing countries, researches on compensation for environmental damage advance rapidly. It is necessary to modulate some of its important problems such as doctrine of liability fixation and causation etc. The doctrine of liability fixation of environmental damage compensation is not single, but a system which is based on the principle of no-fault liability. The system of environmental damage compensation should see the principle of coordination development as guide, give consideration to both parties, and contain individual compensation and social compensation. Since China is facing the same situation, it has been placed on its legislative agenda to enact comprehensive and systematic laws on compensation for environmental damage.