On Functions Of Civil Liability For Environmental Torts And Their Realizing Mechanisms

This article focuses on the functions of civil liability for environmental torts,which are harmful to environment by comparing and analyzing the existing laws andregulations of China. The main contents of this article consists of five parts, theconcept and the characteristics of environmental torts, the functions, the compositionand the principles of responsibility for environmental civil liability and itsaccountability, performing its functions on environmental liability through theindividual mechanisms, as well as its social realizing mechanisms.Environmental tort means that citizens, persons or other organizations lead toenvironmental pollution or ecological destruction, which cause citizens’ a special kindof infringement on personal rights, property rights and environmental rights duringthe productions of life or other activities. As a special tort, environmental tort hasunique features such as the subject’s inequality, the causing behavior’s legitimacy, thedamaging result’s latency, the injury consequence’s seriousness and so on. Currently,the environment imputation way is the principle of liability without fault, which isevolved by the principles of fault liability imputation. In theory, the principle ofno-fault liability is much more consistent with the characteristics of environmentaltort. And in practice, it is also more conducive to safeguard the victims’ rights inenvironmental disputes.The importance of the civil liability system for environmental torts lies in itsfunctions, including the functions of prevention, recovery, and the functions to beused to compensating the loss. In laws and regulations, the realization of the functionsis manifested by compensating the damage and removing the hazard. Theintroduction of punitive reparation is used to improve the functions of above three,and it makes up the surviving defects of functions for our environment torts. Punitivereparation makes our environment torts with the function of the punishment. In acertain extent, this function acts as a deterrence role against with potential subjectwho is harmful to environment, and it is also propitious to curb the currentenvironmental problem that occurs frequently. Completing the individualized remedies for victim is the main way to confirmthe civil liability for environmental tort. It is the foundation to make the sharedresponsibility come true. And it is also an important mechanism for the functions ofenvironment torts to be realized. Therefore, this paper will solve the problems thatinclude the mechanisms of the civil reconciliation, administrative mediation andjudicial proceedings. The civil mediation reconciliation is applied to deal with thecivil disputes of environmental torts by exploring the rationality and feasibility. Themediation mechanisms of administrative will take the advantages to processenvironmental tort disputes, and propose some suggestions to improve theadministrative problems of regulatory mechanisms. Expanding the scope of subject inthe legal proceeding and extending the statute of limitations are the ways to adapt toenvironmental characteristics.Environmental torts cause activities’ legality, propriety and the nature of public,and determine the benefits they bringing which belong to the whole society orcommunity, so they should also take the responsibility. The socialresponsibility-sharing mechanism is a way to fill the victim’s loss when the directinfringer can’t fully assume the responsibility for payment. This paper will draw onforeign provisions, which is about the funding system and insurance system ofenvironmental liability. They can explore the possibility of implementation of the twosystems by combining with China’s relevant theories, laws and regulations. Topicsincluding: insurance methods, scope, insurance agencies and paying ranges of theliability for insurance system, and types, sources of funding, application range of fundsystem. Confirming the feasibility of social mechanisms provides a theoretical basisto make our environment better, to help achieving the civil functions forenvironmental tort, and to help protecting the victims’ legitimate interests. It requiresthe government and society to work together and make the functions ofenvironmental liability come true.