On The Perfection Of Environmental Legislation In China-From Environmental Tort And Self-Help

With the development of economy and modernization, environmental pollution in China is getting more and more serious, and pollution incidents appear more and more frequently, which causes much worse results. In the case of bad supervision system, absence of supervision, insufficient public help and high cost, the affected mass will resort to traditional self-help. For the current complicated period of social transition, self-help is in a sense reasonable. Meanwhile, self-help in response to environmental tort leads to some social disorder, which harms the intrinsic value of the whole law system, including civil law.Self-help in response to environmental tort is a complicated social phenomenon, which involves inter-disciplines like civil law, procedural law, and environmental law, and needs to be regulated and coped with from multi-angles. Based on fundamental theories of civil law, the paper tries to combine theories and systems of relevant disciplines, and to judge the phenomenon with a wider horizon, and then come to the construction of a system for self-help in response to environmental tort. The paper is divided into four chapters:Introduction part mainly states the significance of the subject, research background home and abroad, rationale, and practical meaning, to elaborate the subject macroscopically and pave way for the theory and practice.Chapter one, environmental tort and self-help, defines core concepts like environmental tort, self-help and self-help in response to environmental tort from both connotation and denotation for the discussion of theories in the following chapters.Chapter two, practice and reason analysis of self-help in response to environmental tort in China, goes over relevant incidents happened in these few years and comprehensively analyzes the reason to provide a theoretical basis for the following legal countermeasures analysis.Chapter three is about the rationality and validity of self-help in response to environmental tort. By combining the traditional academic viewpoints and mass incidents research findings, it analyzes and evaluates the rationality and validity of self-help in response to environmental tort.Chapter four, legal countermeasures of self-help in response to environmental tort in China, discusses the legal countermeasures from multi-angles of perfecting the system of public help in response to environmental tort, strengthening environmental protecting supervision, identifying tortious liability, and constructing legalistic culture, and finally provides some legal suggestion.