Some Issues Of Environmental Tort

In recent years, China’s pursuit of economic development, on environmentalprotection does not achieve the desired strength, even at the expense of the individualparts of the environment to economic development situation. With economicdevelopment, China has become increasingly serious environmental pollutionproblems, environmental infringement cases is endless. As one of the mainenvironmental tort remedy judicial relief, environmental protection and themaintenance of the legitimate rights and interests of our country should have a veryimportant significance. However, in place of the occurrence of environmentalinfringement cases to court prosecution is not much, which is why the case took placemore, but less recourse to the law to solve it? Because some of our environmental tortpractical issues have not been complete.First, identify the causal relationship between environmental tort cases do nothave a unified operational recognized standards. Second, in the end the responsibilityprinciple is the principle of fault liability applies, or applying the principle of liabilitywithout fault, or something else? Also, the environmental elements constitutes theinfringement, unlawful sexual conduct environmental tort liability in the end is notElements. Environmental tort exemptions are what? The third person at fault orwhether environmental infringement cases exemptions is or not? I believe that theseissues in environmental tort will not be a good solution, which for environmental tortcases resolved is a road barrier, which would hinder the be held responsible for theenvironment is not conducive to the protection of victims of environmental tort, notconducive to promoting environmental protection.In this paper,"Lee sued Jin ling refinery" case as a starting point to solve theproblem in this case the main line will be resolved, will establish a causal relationship between environmental tort that standard in the second chapter, the third chapter byresponsibility principle discussed several solutions to environmental infringementimputation principle, through the general tort liability study elements establishenvironmental tort liability, will explain why not one of the illegal nature ofenvironmental tort elements, will also be established environmental infringementcases in which exemptions. I will be in the last chapter of the practical problems in thecase studies in this article one by one to answer questions. Through the study of thiscase, the infringement of the above solutions to environmental problems, in order topractice in solving similar cases can have a breakthrough. Thus effectively prosecuteenvironmental violations, the victim should be protected. And at the end of the lawinvolved give their own legislative proposals, expected to do its bit for theenvironment to solve practical problems in the field of infringement.