Research On The Civil Relief Mechanism Of Mass Environment Tort

Survival or development has been a central issue around the development of human society. Especially with the rapid economic development, industrialization and modernization process of accelerating the development of the background of risk society. Development at the expense of the environment leads to the deterioration of the environment problem increasingly. The mass environmental tort phenomenon is also increasing. How to effectively curb the further deterioration of the environment problem, reduce the incidence of environmental tort, fairly and effectively solve environmental problem caused by the massive relief problems become the current hot spots. Given mass environmental tort possesses the characteristics of the massive victims, serious consequences of the damage, a wide range of influence and so on. This behavior infringes upon not only civil rights, but also social and public interests. There often exists victim nowhere claims, claims difficult situation in the specific relief. In view of the mass environmental tort relief mechanism in our country, namely in which is dominated by the administrative power has obvious relief mechanism of "intervention" color, desalination the civil relief effect in field of private law, cause the division of civil liability. The real tortfeasors escape from civil liability through taking over by country. Therefore, victim relief is not comprehensive and timely.Mass tort is a kind of tort occurred in special tort, it is because of the particularity of its existence and its consequences caused by the severity of result, leading to the difficulty of running in specific remedy mechanism in the event of such infringement. The United States, Germany and Japan about mass environmental tort civil relief patterns, in general are basically adopts the traditional civil relief, national relief and social relief for these three ways.Through the summary of each country mass tort relief experience, you can see various countries take the remedy mechanism in practice have focus.Therefore our country mass environmental tort civil relief also should accord with the reality of our country present civil relief.The article starts with traditional civil remedy mechanism for the mass environmental tort and the improvement of the national compensation responsibility mechanism, combined with the existing relief fund and the system of socialization for environmental liability insurance system, integrating three kinds of remedy mechanism to form the mass environmental tort civil remedy mechanism of our country. First of all, through the improvement of the traditional civil remedy, strive for the maximum for the victim to the most comprehensive and timely relief. Secondly, defining state responsibility in the mass infringement, and state in the remedy mechanism responsible for relief of complementary and applicable condition strictly, forming the application of the traditional civil relief in stark gradation. Finally, makes clear that the two social remedy method applicable conditions and circumstances of our country present relief fund and the system of environmental liability insurance, in order to increase the operability of reality.