Difficulty And Legal Countermeasures Of Environmental Infringement Remedy In China

With our country’s rapid development of society and economy, the increasingly serious environmental problems caused people’s great attention. Environmental tort is one of modern environmental damage behavior. Compared with the traditional environmental tort, environmental tort has its own unique characteristics. It is unique connotation and nature of the environmental infringement remedy that decide the difference between the traditional ways of remedy and environmental infringement remedy, which has regularly be neglected by china’s current legislation. Obviously, it is not enough to rely on traditional remedies to solve the emerging environmental problems. The results will inevitably lead to environmental rights and interests of citizens and the public environmental rights can not get the appropriate guarantee. Therefore, it is becoming more and more urgent and important to establish and optimize environmental infringement remedy system.China is still lack of comprehensive and thorough research on environmental tort relief system and there is not relevant theory. However, the western developed countries’theory and practice on environmental infringement remedy have been relatively mature. Therefore, it is necessary to draw lessons from the successful experience of western countries. By combining current national situation, we can put forward to perfect our country’s legal countermeasures of environmental infringement remedy system. Specifically speaking, because of the particularity of environment infringement, the traditional theory of causation is difficult to meet the need of environment infringement damages, so we can learn from Japan’s epidemiology causality theory to improve our country’s theory of causation, which can provide effective way for the victims of environmental pollution. Secondly, we should strengthen the administrative action in environmental infringement remedy, make practical regulation about government environmental responsibility, reasonably make the division of authority of law enforcement between environmental protection departments and local government, safeguard environment administrative law enforcement organs with sufficient resources to discharge its duties, and give full play to its positive role in the field of environmental management. Thirdly, we should establish and improve a sound system of environmental public interest litigation in the field of judicial relief, reasonably make use of judicial resources and protect public rights and interests of environment and the legitimate rights and interests of citizens not to be infringed, and maintain the social ecological civilization. Finally, we should establish and optimize environmental liability insurance system, protect the interests of victims, reduce business risk of environmental management, strength social risk resisting ability, and safeguard the normal social order. In conclusion, based on Chinese practice and analysis of the current situation, the article put forward the difficulties that our country Environmental Infringement Remedy face in the theory of environmental law, administrative relief, judicial relief, social relief and insurance at present. And in the light of these difficulties, we put forward the effective countermeasures and relative Legislative proposal for our country to develop and optimize environmental infringement remedy and academic reference.