The Research On The Overflow Of Environment Infringement With A Review Of The "Tort Liability Law" The 65^th

The technicality and Specialization in enterprise producing activity has been gradually improved with the development of science,which brings some environmental problems are vital part of restricting social development.The environmental issues are changing.Traditional form of environmental pollution infringement can not cover every aspect of Environment Infringement.The infringements caught in legislators and public eyesight have been more severe ecological destruction.In addition,ecological damage is too special to handle by Tort Liability Law.On April 14,2016,the 424 th frontier forum of civil and commercial Law was held in the people's university of China.The overflow issue of environmental infringement was discussed during the forum.Participators made relevant comments and expressed their anxious to solve the problem.The present Tort Liability Law takes environmental issues as an independent chapter and titled as Environmental Pollution Liability.The 65 th item stipulates: damage due to environmental pollution,the polluter shall bear tort liability.The legislative ideas on some of the environmental problems are not really measurement of value,but a concept of "priority to economic development.The conflict between public law and private law,however,personal rights and property rights and moral rights of private interest and public interest contradiction of environment infringement,is with the development of the environmental problems emerge,tort law field appear a large number of legal spillover phenomenon,has caused the wide attention of scholars.In this paper,in the perspective of "tort liability law" the 65 th,the existing problems in the tort law,the plight of the environment infringement is analyzed,using various research methods,on the basis of the relevant legislation at home and abroad were reviewed and learning,puts forward some own opinions.Issue of environmental tort overflow and feasibility idea actively,in order to break through the traditional framework of the civil law,seeking environmental infringement problems better.However,the conflict between public law and private law,the contradiction of the private interest of personal rights,property rights,moral rights and the public interest of environment are emerging with the development of the environmental problems emerge.The tort law field has appeared a large number of legal spillover phenomenon,witch caused the wide attention from scholars.In this paper,in the perspective of "tort liability law" the 65 th,the existing problems in the tort law and the plight of the environment infringement is analyzed.The author adopts various research methods,on the basis of the relevant legislation at home and abroad,puts forward some own opinions and gives some feasibility idea for the issue of Overflow of Environment Infringement.In order to break through the traditional framework of the civil law,author seeks environmental infringement problems better.