On Social Relief Of Environmental Tort

Unlike general tort, environmental tort usually covers various subjects andinvolves a number of victims. Our country’s theorists and practice circle have studiedvery hard on it, in order to successfully resolve the problems it brings. An importantproblem of them is how to protect the legitimate rights and interests of victims to thegreatest extent. We have always done the best effort to solve this problem, which canbe seen in the followings: the laws in the past have treated environmental tort as aspecial tort, implemented no-fault liability, and put the burden of proof in the causalrelationship on the polluter; what’s more, the recent-made Tort Law excludes thepollution caused by third party out of the grounds for exemption. However, besidesother problems, the Tort Law lacks new remedies, which fails to protect the legitimaterights and interests of victims to the greatest extent. In consequence, other remediesare in great need. Social remedy for environmental tort is a risk sharing mechanism,depending on a variety of parties to reduce the individual risk, which makes up for theshortage of Tort Law. Therefore, social remedy is an inevitable approach. Thefeasibility and some foreign successful experiences make it possible to build up theframework of social remedy and to perfect the legislation.The dissertation is composed of three parts, with the focus on Tort Law. It is tomake contribution for the settlement of the problems of Tort Law. Part I is thenecessity of social remedy for environmental tort. It includes the followings: first, itexplores the concept and effects of social remedy for environmental tort; and then itexplores the legislative grounds of the68th article of Tort Law; then it probes theshortage of Tort Law; and the effects Tort Law brings; at last, it makes a conclusion ofthe inevitability of social remedy for environmental tort. Part II is the feasibility ofsocial remedy for environmental tort. It includes the followings: the theories basis andpractice basis of social remedy for environmental tort. Part III is two suggestions ofsocial remedy for environmental tort. It includes the followings: a brief introductionof foreign situation of social remedy for environmental tort; suggestions for thesystem adoption, system framework construction and the legislative perfection ofsocial remedy for environmental tort.