China's Environmental Liability In Relief

Environment tort refers to a special kind of torts that infringer is obligation for his action of destroy the natural environment and poison the nature resources. All of the relief system of the west countries change the traditional relief of civil torts to fit for protecting the environment and the natural resources. But illegal is not necessary for the environment tort. This theory is better for protect the environment and the nature resources and the injured party. The relief system of public nuisance disease in Japan and the alternative disputes resolution in United States are value for the construction of the relief system of environment tort in China. Up to now, the shortcoming of the relief system of environment tort in our country lie with such problems as the inharmonious of the requirements of the responsibility and the burden of proof in reverse is inconvenient for practice and the way of the relief single. On the basis of the current situation of the relief system of the civil obligation in our country, the key problem includes three points, firstly, stipulates the citizen's environment right, secondly, updates the theory of damage compensation for the environment tort, thirdly, strengthen the administrative rights of the environment department. To establish the relief system of the civil responsibility should resign the way of relief, and adjust the burden of proof, limitation of action, improvement of the judicial tribunal.