The Study On Civil Liability Of Environmental Tort

Today’s rapid development of social economy and the cost of material life level enhances unceasingly cause the damage of pollution and the damage of the environment. Now we are facing the most serious environmental problems,such as global warming, ozone depletion, land desertification, water and air pollution. And every problem can hurt the interests of personal and property of human beings. They can make the sea level rise and cause more human residence area decreases rapidly. Ozone depletion will damage the human immune system. Serious water pollution makes people sick and even take their lives away. But polluters are still aggressively continue to discharge the waste material, the environment pollution. And this will inevitably intensify the contradiction between the polluters and victims, environmental tort civil liability problems emerge in endlessly.This article adopts the comparative research and empirical analysis. Through to the domestic and foreign analysis about the civil liability of environment tort, we summarize related legislation system and theory of our country and western developed countries, so that we can learn advanced legislative experience and theory from them. This article is divided into five chapters. The first chapter is about the background of the study and the domestic and foreign present research situation in this field in general. From the second chapter to the fifth chapter is the environmental tort civil liability issues.Based on the environmental tort civil liability, characteristics and the principle of imputation, the second chapter analyzes the basic theory of environmental tort civil liability.And through to the study on civil liability of environment infringement constitutive requirements and exemption reason, The third chapter has been clear about the civil liability of environment infringement problems, The fourth chapter mainly investigates the field about the legislation system of the United States, Japan and Germany, so that we can sum up experience and draw lessons from them. Finally, the fifth chapter analyzes the shortage of the environmental tort civil liability legislation of our country and put forward the perfect suggestions on these deficiencies. This article hopes to solve those problems:the damage compensation system of punishment is weak, the legislation of environmental public interest litigation is imperfect and the exemption stipulated is unknown. And so that we can build a more perfect system of civil liability of environmental tort, protect the environmental interests of citizens and provide a good natural environment for the human beings.