Research The Multinationals Environment Tort Liability Legal Issues

Environmental Tort appears as the product of modern industrialization development. Environmental Tort brings profound changes to the related legal conception and system, due to the complex characteristics of its damage behavior, which is different from traditional torts. The changes are such as re-interpretation or adjustment for the imputation principle, the burden of proof responsibility or the way to undertake the responsibility.This article is divided into four parts, except the preface. Total is about 15,000 words.The first part, whose name is"multinational and Environmental Damage",summarizes the Environmental Damage problems caused by transnational corporations, based on the analysis of the environmental impact of multinational companies. Multinational companies take the advantages of the natural resources and cheap labor resources of developing countries to obtain high profits. But they do not implement the local environmental policy seriously. Thus it is the possibility and the fact that they cause the pollution of the environment t of host countries because of their production management behavior. So it is necessary to investigate the relative environment tort responsibility.The second part is one of the key parts of this paper, whose name is"liability particularity and hurdles analysis of multinational environment tort". This part discusses the abstacles when the multinational company undertakes the responsibilities and conclude some approaches of breaking through the barriers, combined with the characteristics of environmental damage and the management of multinational company. The multinational company is usually divided to be independent legal entity because of the limitation of different legal apanage. There are insurmountable obstacles to breakthrough barries caused by such independence under present legal framework when require multinational company undertake the environmental tort resiponsibility. The only possible way is apply the equity between parent and subsidiary companies to investigate the responsibility of parent company under special circumstances. In this way, it is required to break through the traditional law system about limited liability principle. So this part focus on the discussion about how to make the parent responsibility become reasonable when should breakthrought the limited liability principle.The third part is another focus part of this paper, whose name is"multinational environment tort liability fixation" principle. The environmental legal system in homeland of developed countries is often to be more perfect, so they can be provided more effective environmental tort relief and higher compensation. Therefore, if multinationals may undertake environmental damage the parent company of liability, comparative advantage in making the homeland court weighed multinational litigation as the victim's rational choice. The fourth part, whose name is "The current situation on the Environment Tort legislation for multinational companies in China and the improvement ". This part mainly react the current situation on the environment tort legislation for multinational companies in China on the basis of the above analysis on multinational companies, and puts forward the improvement Suggestions. There are some insufficients about the environment tort legislation for multinational company in China, specially deficient in substantive law or conflict law. Thus, it is urgent to improve the related substantive law, strengthen the legislation for international private law, and provide effective relief for environmental tort cases. Seen from long-term, the internalization of the environment should be the root and be constructed.