Discuss With How To Perfect The System Of Environmental Damages Responsibility

The environment problem has become a greatly concerned issue. With the increasingly serious environmental pollution in China, people have a stronger calls for better environment and realize that everyone has the right to live in a healthy environment and it is considered as the premise and basis of other human rights. Environmental legislation in our country developing continuously. On January1st2015, the revised environmental protection law has been officially implemented, but for the environmental tort damages, the previous practices are still followed. In the legal system environmental tort damages is relatively novel, Because of the environmental tort characteristics such as causing great harm, the difficulties to identify the the main body and to measure losses, environmental tort damages is also special. The principle of compensation for environmental tort in our country is based on traditional civil liability, that is, applicable homogeneous compensation principle. Generally, only the actual losses at the time of the occurrence of environmental tort after the accident are considered while the indirect losses and ecological losses are ignored, making the environmental tort damages far less than the losses caused by environmental tort. In addition, the demanding compensation conditions of spirit damages of environment right infringement cause many irreparable losses to the victims. The law of our country still lack the social relief ways mainly composed of the environmental liability insurance, In judicial practice, the irreparable damages cases by the environmental destruction are commonly seen. Therefore, it is very necessary to improve the environmental tort compensation system.This paper uses the method of theoretical analysis, comparative study, case analysis and other research methods. Among them, the method of theoretical analysis focuses on the analysis of the connotation and characteristics of environmental tort, the environmental tort damages the meaning and principle. Comparative study method is to learn foreign advanced experience through the comparison of the tort damage compensation systems of Japanese, America, French and China, to utilize the case analysis approach to analyze current problems we meet in the judicial practice to put forward the ideas to improve the system.This paper is divided into four parts, the first part is an overview of environm ental tort damages system, this part describes the meaning and characteristics of env ironmental tort, the definition and implementation principles of environmental tort co mpensation system. The second part is the analysis of China’s environmental tort da mages system from the legislative and judicial practice. In the third part, the writer selected and analyzed the foreign laws with the reference significance for our coun try from the civil law and the Anglo American law system. The principle of compe nsation for damage in Japanese law, environmental liability insurance system in US law, the system of compensation for spiritual damages in the French law has the re ference significance to the legislation of our country. The fourth part puts forward t he conception to improve the environmental tort damages system,From the two aspe cts, the necessity to introduce the system and the system construction. One is to wi den the range of compensation for environmental damage, two is to establish of the punitive damages system, three, to establish the environmental tort socialization syst em.The originality of this paper embodied in the combination of theoretical analysi s and case analysis. It Finds the problems combining the current situation with legis lation and judicial practice and compares foreign law with domestic law. And puts f orward the concept to improve this system considering the situation in China.