A Research On The Civil Remedy System Of Environmental Tort In China

With updating of science technology, promoting the industrial industry prosperity, it alsoderived a lot of environmental pollution, so the phenomenon of environmental tort isincreasing. This result in the public produced antagonism with the government and enterpriseand then environmental mass incidents break out. How to alleviate the pressure of theenvironmental dispute complaint, guarantee fundamentally citizens’ right to enjoy the goodenvironment, the environmental tort relief is becoming a hot spot of environmental law study.Criminal and administrative remedy of environment tort are the subsequent punishment ofillegal environmental acts, they cannot cut off the source prevent environmental tort.Socialization of environmental tort relief has inherent advantages on the one hand, it helpsenterprise to resolve risk, on the other hand it protects injured party claim, but it weakened thepunishment of enterprises. Civil relief as the first line of relief, can not only make up for theloss of injured party, but also can timely prevent the environment tort which continues tohappen. So the system running smoothly or not directly related to the solution of theenvironmental disputes. But something wrong with the environmental tort civil relief of ourcountry, for example，lack of basis environment right legislation, imputation principle is notunified, the injured party filed lawsuit blocked, difficult to protect their rights, incompleterelief way, completed set of system lacking etc. These problems seriously hindered the rightsprotection of injured party, the reason lies in the traditional law attitude for environmentalissues that treat only where the pain is, not standing in the sustainable development strategyattaches great importance to environmental issues, seeking to break through in law in time.Furthermore, to solve environmental disputes, excessive reliance on administrative organsintervention, lead to when environment right damage, the first choice is complaint reportingrather than take legal means.Foreign environment tort civil relief system has developed more mature, especially theimputation principle, the relief way, causal relation theory, non-litigation solution,environmental public interest litigation. Through the study of foreign legislation and practicalexperience summed up the enlightenment to our country environment tort civil relief system.Aimed at the problems existing in the environmental tort civil relief system in our country,combining the situation of legislation and justice in our country, I put forward the followingperfect suggestions. Put environmental right in legislation, unified imputation principle, perfect the lawsuit system of environmental tort civil, including the representative lawsuitsystem, public interest litigation, the legal aid system, appraisal system and so on. In view ofthe environmental tort civil relief unable to overcome problems which the infringement isdifficult to find and no compensation ability, for this situation, the author proposes to establishdouble track of environmental tort relief, take traditional civil relief as the principal thing,social relief as the complementary. Because of the complexity of environmental infringement,as new type of tort, environment tort is different from the traditional tort, so study onenvironment tort civil relief system faraway. I wish the above perfect opinions can help tostudy of environmental tort relief or to inspire scholars.