On The Form Of Of Enviromental Civil Liability Bearing

In resent years, with the rapid development of china economy, the problems of ecology destruction and environmental pollution is prominent day by day, which is already unable to avoid. Just like Engels once in "Natural Diagnostic method" keenly pointed out: "we should not be infatuated with excessively in our victory from the nature, because the nature has retaliated us regarding every such victory." while the developed modern industry bring the comfortable life and the rich material wealth to us, which also has brought the serious one to noisely and pollution on with the quickening pace of modern life.In the face of noise, atmosphere, water, ocean, soild waste, pollution by organic compound and so on, In addition to strengthening environmental advocacy, developing recycling, green, low-carbon economy, we must take the legal means to curb environmental damage offenders to protect our environment for human survival.Though the study on environmental system of civil liability of our country starts relatively late, the system has already taken shape tentatively with the offers of our juridical personality. The environmental sestem of liability involves laws of a lot of departments such as the environmental protection law, the civil law,etc,the content is various, the system is complicated, which has formed a system with its own unique personality, after a large number of accumulation of theory and practice. Its responsibility bears draw on much successful expirence from overseas developed countries and regions. However, there are still many leaks, rerult in a large number of victims could not reasonably have resulted in timely redress.It is further complete to wait. So it is significant with practice and theory for the form of bearing in environmental civil liability to carry on systematic reaseach. This text is that compare form of bearing of environmental civil liability and describing, have pointed out theproblems, that our county exists in this part; mean which proposed some improving measures.Before discusses the environment in a specific way of civil liability forms, this paper mainly define to some basic concepts of environmental civil liability and the scope of discussion. The environmental civil liability that we define, mainly mean the persons who pollute the environment or the persons who destroy environment. Next, the chapter described characterstic and function of environmental civil liability at the same time, established the theotical foundation for the stale of writing of the ensuing chapters.It mountain of stone, could besiege jade, many developed countries and regions overseas got environmental problems earlier than China, and the corresponding development of environmental laws earlier, so there are many good experience worth us to learn. Therefore, before studing our country form of bearing of environmental civil liability concretely, this chapter discribed the relevant environmental civil liability provisions of the major developed countries and regions abroad. Have enumerated the environmental civil liability form regulations of Taiwan, Japan, Germany, France, Britain and United States.On the base of the studing of the environmental civil liability form regulations, it described the type and manner of environmental civil liability for a detailed exposition. According to our country present "General rule of the civil law", just promulgated soon "Torts liability Law", "Law on Environmental Protection", and the related pollution prevention law, our country's civil liability form include, compensating for the losses, stop, encroach on, exclude from, hinder from, dispel dangerous restoring to the original state five kinds mainly. "Law on Environmental Protection", exclude from, eliminate danger and compensate for the losses two kinds. Endanger is equal with stop encroaching on, getting rid of hindering. Unified our country's related legal rule, this article undertakes the careful elaboration on these kind of environment civil liability form in our country. The "Tort Liability law" in the mental damage provision is a bright spot for the first time, we also have a detailed explanation.Although the environmental system of civil liability of our country has already taken shape tentatively, there are still many problems. Such as the scope of compensating for the losses is too narrow, it is generally compensate for direct loss; the mental damage provisions is not improved. Eliminating danger is not clearly defined and there is not making an apology form, etc. These defects are not conducive to a full and comprehensive protection of the victim; are not conducive to maintaining social equity and justice; are not conducive to the improvement of awareness of environmental protection and popularization of environmention. And Civil Liability form in our country does not match the scientific development concept, the concept of sustainable development and the trend of contemporary international environmental protection standards, it must be improved as soon as possible. The problem that text exists to the existing system, has proposed some mainly improving suggestions. Including:ways to increase the responsibility apology; expand the scope of compensating for the losses; further improve the compensating for mental damage and definite the premise of eliminating danger. through those measures, to protect one's own environmental rights and interests, play to the warning of environmental pollution and destruction and prevent from acting on, protect citizen's rights and interests and protect the environment. And take fully adequate protection of victims, establish a sustained, coordinated and healthy developed harmonious society.