Research On Civil Liabilities Of Environmental Tort

With the continuous development of society, more and more high degree ofindustrialization. The high-speed economic development consequences have beenraised. The relationship between the human beings and the environment is increasinglynervous. The environment infringement be have to face legal problems, double thelawmakers and wide attention of all social sectors.Based on the environmental tort civil liability for perspective, this paper focuseson the environment infringement of civil liability system. This paper first chapterenvironment tort overview, introduced emphatically environment tort laws concept andform. In the second part of this chapter, and analyzed the characteristics of theenvironment infringement, environmental tort has other joint infringement has theirown property. Such as the actor’s difficult to determine the type, the main body of theinequality between the breadth of consequences, invasion, complexity, and latent, andso on.This paper focuses on the second rules of the environmental tort liabilityprinciples. Introduced the tort liability principles of the development evolution. Faultliability and no-fault liability form imputation system. Environmental tort shall notapply to fault liability, and should be used in the no-fault liability.In this paper the third chapter environment infringement of civil liability. In thischapter, first of all, the author discusses the environment infringement constitute of theelements, respectively is behavior person infringement behavior, and the danger ofcausality. Then, the author analyses the environment infringement without prejudice.Combined with the particularity of the environment infringement, the author thinksthat the environment infringement should be further without prejudice to limit appliedto protect the rights and interests of the victim. Finally the author analyzed the civilliability. Civil liability of the way has many kinds, but does not apply to environmental infringement. Environmental tort civil liability is the most extensive damages andelimination of danger. Therefore, the author analyses the two ways in which theenvironment infringement of the legal issues. In order to better play its throughout thecivil responsibility of the function and role. According to the relevant provisions of thelimitation of action in civil liability of environmental tort, analyses the application ofthe limitation of action. Environmental tort is special limitation, and general civil tortare applicable to general limitation of action.In this paper the author try to jump out the last chapter of the environmentinfringement to regulate framework. Trying to build other system to cooperate withlegislation dealing with the environment infringement to common problems.Environmental tort has is not just a legal problem, but also a social problem. Therefore,need the social from all walks of life force to joint effort, we maintain this home.