| Along with the rapid development of economy, the world economy has enjoyed a rich fruit industrial production brings, on the other hand, facing is closely related with our natural environment frequent emergencies. The greenhouse effect to toxic food, from the oil leaked into the nuclear pollution, shocking. Oil spill will cause serious damage to the natural environment, destroying the ecology, destruction of marine life. When the bird and mammal body stick to grease, which tried to clean the body will absorb toxic substances; marine fish gills on oil by direct contact and absorption. Because of the indirect damage oil spills have lasting more astonishing. On marine organisms, the eggs and larvae of oil will hurt the fish, fish reproduction affected; and through the food chain, fish or other wild animal will also be less toxic components carry accumulation to ultimate predator.To the environmental tort, the developed countries generally to the judicial way as the main way of citizen environment right relief. In the case of the United States, the United States Court since 1970 in the treatment of environmental tort cases, the court no longer requires legal protection of the violation of the rights the plaintiff has enjoyed the right of prosecution, if the plaintiff is "injury in fact" can bring a lawsuit. From the judicial way of environmental protection has played a prominent role.In environmental infringement of our country judicial relief is quite insufficient, mainly rely on the administration of government. For example:the development of District of city of Qianjiang province Hubei environmental pollution problem. Because Jinhua Chemical Co. Ltd. the production of environmental pollution, and finally by the environmental protection department of Hubei province ordered the company to stop the trial production of 400000 tons of synthetic ammonia,300000 tons of urea technical transformation project, problem and correction of hazardous waste management is not standard, the sewage ditch breakage. But the damage directly to local residents is ignored. When conflicts encountered local production and environmental protection, as the administrative departments are often offset balance, choice of protection can produce eggs enterprises, occurrence of tolerance of environmental tort. Plus the environmental tort incident, rights and interests of the injured party are mostly ordinary people, the typical vulnerable groups, can think of the way of relief is very limited. Most of them through the environmental petition, the media report, when the encounter is not as administrative departments or to suffer, or take a self nature of "trouble" means, rarely thought of using the judicial way to relief and protection.This is because the environmental rule of law construction in China lagging behind and the social environment are in development and construction stage leads to:on the one hand, China’s environmental legal system is not perfect; on the other hand, many developed countries in environmental tort relief on the experience of mature, but lawmakers not to learning and introducing. Through the study of the history and system of environmental tort theory of environmental tort and the main representative of national development, further comparative analysis of the situation of our social environment tort remedy at present, and the future in the existing conditions how to build environmental tort judicial system put forward a suggestion.This paper is divided into six chapters.The first chapter "the environmental tort", the concept and connotation of the infringement behavior based analysis of environmental tort subjects, contents, characteristics and classification to further understanding of the environmental tort.The second chapter "the causality of environment tort", analyzes the characteristics of the causation of environment tort:the difficulties of proof, the relationship between covert, hidden evidence. Discusses the causation presumption theories preponderance of evidence, causation of epidemiology and indirect disproof theory theory, the limitation of the existing theory of presumption, the last of China’s current environmental tort causality presumption legal status was summarized and analyzed.The third chapter "environmental tort liability law", analysising the definition of the natural environment, legal responsibility for environment analysis, at the same time as outlined in this chapter of the legal responsibility for environment features:the scope of the expansion, elements of loose environment legal liability, comprehensive.The fourth chapter "the foreign environmental tort law system" this chapter mainly introduces the development situation of environmental tort liability law of Germany, Japan, the United States and South Korea, and make use of the comparative method, the basic system of environmental tort and the establishment of conditions to make analysis of all the depth of. In addition, the author also in this chapter on the core issues of national theory, reference is the tort liability system of our country, are introduced and analyzed.The fifth chapter "China’s system of civil liability of environmental tort and its deficiency", focuses on the analysis of China’s existing civil liability of environmental tort law, from the two angles of laws and regulations and the system design and discusses the problems.The sixth chapter "perfect" tort liability act "in the system of civil liability of environmental tort" study, based on previous several chapters, with the current Chinese law or legal gaps, so the legislation on environmental tort system, the means of tort liability, punitive damages system division, perfect environmental public interest litigation system and the establishment of pre prohibition system etc are plan. |
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