Civil Responsibility Of Environmental Damage

Environmental damage should include two aspects:one is the damage on personal rights and property rights because of environment pollution or destruction, two is the damage to environment, namely pure environmental damage. According to the traditional tort law on the definition of the damage, the former certainly belongs to tort liability law-regulation scope; for the latter, because it is just the damage to the environment, according to the traditional elements of tort liability, it is against the traditional tort law to place this kind of damage into the traditional tort law regulation frameworkFor this reason, some scholars start with the concept of environmental right, and discuss the problem of environment damage relief by analysising the private attribute of environmental right; some other scholars put forward practical solutions about how to relieve the environment factor of ecological property and asset attributes through combining with the relevant provisions of the property law; while the foreign pure environmental damage relief are solved by the group action. According to the provisions of ownership on the natural environment, natural resources, forest, land and other real right law of our country, the state or collective as the subject of ownership can claim protection law of tort liability based on real right infringement when the environment infringement damages to the natural environment. Secondly, on the basis of the protection of personality right infringement responsibility law, when life environmental damage affects nearby residents’normal life, they can request to stop the infringement for personality right infringement, which can also indirectly protect the damaged environment; thirdly, for pure environmental damage itself, the most direct and effective way is that the tort liability law and related judicial interpretation make provisions for the damage to the environment belonging to the scope of the private law relief. Under this system architecture, the core element is determined on the subject of claim damages, and the system of environmental public interest litigation is certainly the key point to solve this problem.From the concept definition, this article will analysis why the pure environmental damage should be saved by private law by combining with the current legislation and theory at home and abroad to discuss, then put forward the perfect ideas of tort law and the basic framework and content of law of compensation for environmental damage", and finally propose own viewpoint on the key problem of civil liability of environmental damage relief.