Tort Liability System Of Ecological Infringement

Ecological system is an important part of natural resources, and also the material basisrelied on by all living creatures on Earth. As one kind of environmental tort, theeco-infringement has brought out the occurrence of the ecological damage and the impact ofecological imbalance. Directly threats human beings’ survival and development. Law as themost important and restrictive standard of this modern society, has a significant impact onpeople’s behavior patterns and even ideas. Facing the strait situation of environmentalresources, the environmental legislation should be considered rising to the height ofecological safety, the eco-infringement should be regarded as an important part of theecological environment of infringement, introduced to the existing legal system.Ecological infringement is a kind of fact states that caused by human activities orindustrial activities,these activities bring about pollution and damage, make the ecologicalenvironment suffer irreversible functional damage, destroy the existence and destruction ofnatural evolution processes of the living body, cause the demise of the ecosystem or theimbalance of species. Here the "infringement" emphasis the damage of ecological interest,instead of the damage of the property and personal rights of people expressed by traditionalenvironmental law and tort law, in which the eco-infringement is just regarded as anmedium. For a long time, the imprison of "anthropocentric" resulted in the ignorance of thetort liability of ecological infringement, both in the field of environmental law and tort law,which is not fair, and not conducive to the sustainable development of ecologicalenvironment.The paper named Tort Liability System Of Ecological Infringement, it includes sevenparts: introduction, the definition of the basic concept of ecological infringement, structureof tort liability of ecological infringement, foreign country’s tort liability system ofecological infringement, the problem of our country’s ecological infringement liabilitysystem, the approach to perfect the system of tort liability of ecological infringement andconclusion.Firstly, via introducing the historical evolution of environmental ethics,the articleanalyzes the background and purpose of the proposing of "ecological damage infringement",and then makes its concept clearly defined; secondly it regards ecological infringementliability as a new type of environmental tort liability, gives a more in-depth analysis to itsconstituent elements, liability principle, defenses and remedies way, and pointed out theplace that linked and distinguished to traditional environmental tort liability. Article focuses on the fourth and fifth chapters, by analyzing the status and problems of our country’secological infringement tort system, while drawing more mature abroad practices ofecological infringement tort liability system, giving the improving suggestions fromlegislation, oversight and accountability,and social relief three angles.