Study Of Environmental Liability In China

Modern society, the environment is a growing problem, to solve environmental problemshas become one of the important research direction of the various disciplines. Reduceenvironmental pollution infringement occurs, make sure that the loss of environmental tortvictim can get timely compensation, we are faced with the thorny issue. Starting from thepoint of view of environmental tort liability, focuses on environmental tort civil liabilitysystem. The first part of this article for an overview of the Environmental Liability inenvironmental tort manifestations and legal concepts. Environmental tort citizens, legalpersons and other organizations due to environmental pollution or ecological destructioncaused by human activities, and thus harm the rights and interests of other people’s personalrights, property rights, and environmental rights, and should bear a special infringement ofenvironmental responsibility. Chapter also feature environmental tort introducedenvironmental infringement and other violations has some of its own unique attributes. Suchas, in the main, have not interchangeable and unequal sexual; combined with extensive, it is acrime against the guest; the Environmental Encroachment addition has the potential dangers,and ambiguity; environment damage is cumulative; the environmental tort reason behaviorhas value duality characteristics. These characteristics created the Environmental Tort in CivilLiability way different from other types of tort. The second part of this chapter, details ofChina’s Environmental Liability in the evolution of the system, which China’s EnvironmentalLiability in system experienced the period in which they arise, the development period,improve the three stages. The third part of this chapter describes the manifestations ofenvironmental tort, divided into specific marine pollution, water pollution, air pollution,radioactive pollution.Chapter II of this article will focus on analysis summarizes the Environmental Liabilityin the principle of attribution. Expounded the theoretical foundation that established theEnvironmental Tort Liability Principle. The second section deals with the constituentelements of the Environmental Liability in. Including the element of illegal infringement;damage results, including the definition of tort damage, environmental tort result of damage caused by the special nature of analysis; analysis of the causal relationship betweenenvironmental tort and the consequences of the damage. The third part of this chapterdiscusses Impunity Reasons for China’s Environmental Liability in which content, includingforce manure, fault of the victim, the fault of a third party, the responsibility of the stateadministrative organs.The third chapter draws foreign environmental tort civil liability system, by comparisonto developed countries such as Japan, Germany, the United States Environmental Liability insystem, to find the gaps in our system, by drawing on our Environmental Liability in systemput forward suggestions for improvements.The last part of this paper is the author in this article to our country environment tortcivil liability system of constructing Suggestions, such as whether trying to build othersystems in order to cooperate with legislation to solve the problem of environmentinfringement. Environmental tort legislation regulation has its limitations, should give fullplay to the role of the society in the aspect of environment tort, establish a mutual aidmeasures, cooperate to regulate, such ability can achieve best effect of environmentinfringement regulation. Environmental infringement prevention and compensation for thedamage caused by environmental infringement regulation requires a set of reasonable system.Therefore, in our country should establish environmental tort damage compensation fundsystem, environment tort insurance system, perfecting the environment infringementsocialized security system and related supporting system. Recently in east China fullyillustrates the fog haze weather environment has not only is a legal problem, more importantis the social problem. So need us to make joint efforts to protect their homes, for later a betterlife, we do some contribution.