The Research On Environmental Tort Civil Relief System

Environmental infringement remedies defines civil remedies could achieve the purpose o f exclude the proceeding of violations and obtainment of compensation from tort-feasors due t o the emission of pollutants by tort-feasors or environmental pollution or damage caused by d evelopment and utilization of environmental activities, which result in the damage to the prop erty and personal interests and even more the survival of mankind. The establishment of reme dy provides the legal basis to deal with environmental civil disputes and is able to guarantee t he legitimate rights of the individuals and interests of companies and strives for the accelerati on of social equality.The first part analyses the theory of environmental tort civil remedy. Begin with the spec ialization, interpretation and investigation of environmental tort. In order to establish a funda mental concept of a specific system designed, which will be illustrated in the further part of th is report. And then through the analysis of the possibility options since the residents’ rights of environmental tort violated in our country, it is easily to find that there is a lower proportion o f cases to object a civil remedy option.The second part of report is to describe the problems in the present system of environmental tort civil remedy. Aim to analyze both the content of the system design and the problems in the process of litigation. As well as, combine with some cases. Then to point some problems that appeared in substantial law and procedural law which located in the system of environmental tort civil remedy.In the third part the research will turn to two important legal systems in the world. That is about the regulations of the environmental tort civil remedy system built up. This part focus on a system established in an individual country, that is from two parts of different legal system—civil law, European and American legal system. To provide some passable basis, in order to improve the deficiencies in our country for this field.For the final part, the report shows the way of improvement of the regime. Through three parts to explain the improvement of environmental civil remedy system. They are to clear environmental right, civil remedy system and the process of litigation.