The Study Of Tort Relief For Ecological Interest Damage

Ecological and economic interests constitute two aspects of environmental interests. Ecological damage is independent environmental damage, which is public, non-material, indirect, complex, external, regional, systemic, progressive and long-term.Ecological benefits and economic benefits are additive and conflicting. The damage of ecological benefits interests is potential harmful.Currently administrative liability, criminal liability and other public relief are mainy punitive, which are always lag. There is a natural defect in filling the damage.This paper is trying to find new ways in liability relief.As a typical private relief mechanism,the Tort Law’s compensation and prevention capabilities can effectively fill the flaw public relief mechanisms. However,in the field of the relief to the ecological damage, there are several problems such as the backward legal values 、 the lack of relief objects and subject to environmental pollution、 the inadequate legislation for the environmental pollution and the hard application of law.The damage of the ecological interests with the private property features seems incompatible with the traditional tort law and the natural ecological interests.For example, the damage of ecological interests are always cumulative, slow onset, complex and social legitimate. It’s difficult to determin the person in charge. Too much emphasis on individual responsibility in reparation has been difficult to fully protect the interests of ecological interests.Responsibility will be heavy, which is contrary to social justice.The article suggests the relief to ecological harm,through individualized relief and social relief,with the basic concept of the tort system as a guide.In the individualized relief, improve relevant systems of tort liability law, enhancement requests infringement of ecological interest expand the scope of protection of the interests of the Tort Liability Act, establish more stringent environmental rules for tort liability, perfect tort liability form, give play to the Tort Liability Act in the role of responsibility, establish tort legislation to environmental pollution and ecological damage to pave the way for individual relief to ecological interests.Individualized relief has a rich experience in the legal basis.It held liability for damages,fill ecological damage benefits, by those responsibility.It also achieves the legal of sanctions for environmental violations, deter and curb.It has a preventive effect of the occurrence of damage to the interests of ecology.However,because of the shackles of the traditional legal system, individualized relief to achieve ecological relief interests still faces many insurmountable.Therefore, socialized relief should be important to fill the ecological harm to the kind of relief, and individualized remedies have completed the ecological damage to the interests of the relief,which is constitute of environmental liability insurance system, ecological damage compensation fund and financial security system.It is noteworthy that the socialization of relief as the ecological damage to the interests of individual supplementary means of relief, does not change the nature of civil liability for damage compensation.The applicable civil liability regime should be established trict conditions on the basis of the current situation. In this way, we can strengthen the individual responsibility to the ecological interests damage.We can not only fill the ecological damage to the interests, but also spur social actors to select the better way tfor the benefit of ecological to promote social development of ecological civilization.