Environmental Tort Legislation

In recent years, China’s rapid economic development, but the mode of development and not enough healthy, rely more on simple and extensive resources consumption. Combined with the general public of the importance of the environment is gradually deepened, the case has drawn increasing attention each year on environmental litigation. Especially environmental tort civil action based.Many environmental tort civil cases, exposure to China’s existing environmental tort civil litigation system in some of the problems and shortcomings. As issued by the Tort Liability Act2010and the formal implementation of the legal norms of past environmental tort civil litigation system more dispersed, with a focus on higher level and more uniform regulations. The past can only stay in the judicial practice or judicial interpretation of the provisions raised to legal height. However, in some respects, there are still some limitations and shortcomings. Yi this article in through the Object of the environmental tort; environmental tort regulation should reflect the precautionary principle; build environment insurance system; environmental infringement classification; onus is system and other aspects to be discussed, to the point of view of the Tort Liability Act. Tort Liability Act and the Environmental Protection Act, general law and special law in the field of environmental tort civil action to be analyzed. Come to the Tort Liability Act as a general law, the positive impact on the environmental tort litigation law applies and instructive. Sure the contribution of the Tort Liability Act, infringement of the environment at the same time, it is more important is to draw existing Tort Liability Act and the Environmental Protection Act, the lack of environmental tort for these deficiencies, suggestions and improvement programs to improve the environment, civil The tort system.In our previous tort law and environmental tort alone, isolated, neglected both in theory links. The only study mostly concentrated in the coordination of Tort Law, Civil Law, the Environmental Protection Act, the law applies, not much discussion on the future direction of environmental tort litigation in a New Perspective.This thesis, a new perspective to the Tort Liability Act to re-examine the environmental tort civil litigation system. A new perspective to identify problems and propose solutions. The guiding role of the general law, special law, the improvement and development of China’s environmental tort civil litigation system, enrich the theoretical research in this regard. Environmental Law in China play a complementary role.According to statistics, China’s environmental disputes is increasing year by year, but environmental infringement litigations, but decreasing, the reasons for this phenomenon is because the administrative arbitration, mediation stage had to digest a large number. of environmental disputes? I think the answer is no. The real reason is that there are not perfect and problems to be solved at present, China’s environmental tort civil litigation system, resulting in the public tired of First Instance or even fear of litigation. Say that this is a pity in the construction of China’s legal system. This regret is caused by a variety of legislators, the legislative intent of the value orientation; political system; on the legislature and the law applicable. In this thesis, the main legislative and legal application of the angle of the Tort Liability Act, intended to improve the environmental tort civil litigation system, strengthening of environmental legal system, promote the rapid development of the society under the rule of law.