Environmental Pollution Liability Issues Related To Research

Along with China’s rapid economic growth,scientific and technological progress, serious problems of pollution and environmental problems, and even became the major factor which affecting the socio-economic development and social progress. In recent years, due to the environmental infringement case occur frequently, people pay a great attention about it. How to efficient and reasonable solve the environmental pollution,became one of the biggest challenges of our society, on the solution of research also has entered into a period of rapid development. Different from the general tort, infringement belongs to a special mode of tort of environmental pollution, so environmental torts and civil remedies are also different from the general tort. Adopted on December 16, 2009, the People’s Republic of China the eighth chapter in the tort liability Act "environmental responsibility" has detailed provisions on these issues. This legislation provides for the settlement of environmental pollution arising from infringement issues provides an important legal basis.This article is based on the law on tort liability in the eighth chapter from the 65 th to 68 th points, deeply study which based on environmental liability and the related legal problems. By comparing the two legal systems on environmental liability legislation overview the differences that exist, as well as the law on tort liability provisions for environmental responsibility in four areas of, including liability, the burden of proof, common fault liability principle acts of pollution, as well as the third party, such as provisions of the law and relevant provisions of foreign legislation comparison research, The tort liability Act is not difficult to find that these four aspects of providing for adequate absorption problems in the judicial practice as well as some advanced theories and systems in foreign countries. There are also some shortcomings in 《Tort Liability Law》,The illation of causality and the impunity of environmental pollution has not make a clearly provision.By researching these four aspects of environmental pollution tort analysis,Made at the end,in order to apply the provisions of the environmental tort liability,make it have a great efficient functioning, and better safeguard the interests of the victims. We should establishing environmental liability insurance system to make it have a practical significance. And tie with other rules,thus could resolve the environmental pollution problem efficiency, and could relieve the benefit of citizens in the environmental pollution tort.