On Constitutive Elements Of Environmental Tort Liability

Environmental Tort is the cross domain of civil law and environmental law.The elements of environment tort liability is an important part of environmental tort. Now, there is still plenty of problems in the study of elements of environment tort liability both in theory and practice. This thesis, based on conceptual analysis,Making use of historical analysis and comparative analysis, combining law texts and practice of the elements of environment tort liability, expecting making a contribution towards the study of he elements of environment tort liability.The first chart mainly focus on defining three basic concepts: environmental, environmental tort and environmental tort liability, laying the first stone of this thesis.The first chart,the scope of “infringement of rights” is gonging to be discussed, which will compared with “environment right”, one complexity issue of environmental tort.Then the thesis will analysis the illegal elements of the elements of environment tort liability.The fourth part concentrating on the “causality of environmental tort”, meanwhile, researching the applying of presumption of causation in China’s juridical practice.In the last, a conclusion will be given concerning this thesis.