Study On The Civil Compensation System Of Environmental Tort In P.r.china

Industrialization and urbanization of our country accelerating the economy developing dramatically,however,it also brought non-negligible negative impacts and damages on the environment.The environmental torts around the world are increasing year after year,and the occurrences of various types of environmental tort even brought serious damage to the environment as well as people's physical and mental health.How to make a balance for the interests of all parties involved in this environment,and to make the victims receive reasonable compensation has become the focus of the construction of China's environmental tort civil legal system.Compared with other general torts,to research and resolve environmental tort events are more complicated.As China is committed to build up a socialist country under the rule of law,it has been achieved a considerable improvement in the legal system,and the environmental tort law system has been further improved.But on the whole,on the results of damage occurred after maintenance,legitimate rights and interests of victims to acquire compensation for the scope and so on is not mature,these defects of Legal construction of environmental protection will directly impact the stability of social and economic development and ecological equilibrium,especially the insufficient of the environmental tort civil compensation system is not only ineffectively safeguard the legitimate rights but also restrain the law to play the role of prevention and punishment.To this end,we need to constantly update and enrich the theoretical basis in the process of environmental protection law practicing in our country,to realize an all aspects protection for the ecological environment.The full text is divided into three parts.First of all,discusses the development and practice of civil tort system in China.In the development of legislation specifically around the personal injury,property damage and ecological damage analysis,in the practice part of the specific around the three environmental infringement events for analysis.Secondly,it analyzes the problems existing in the legislative design and practice of environmental tort of civil tort in China.The problem of legislative design is mainly focused on the legal protection of the value has not been fully exploited,a single way of civil compensation,mental damage has not been included in the scope of environmental tort damages,lack of ecological and environmental damage to the provisions of these aspects of operational legislation.In terms of practical operation,there are issues such as the breadth and complexity of the damage results,the lack of fixed standards for civil compensation assessment,and the difficulty of obtaining the actual compensation.Finally,we study the concrete measures to improve and perfect the civil compensation system of environmental infringement in our country.Including the scientific definition of environmental infringement of civil compensation related to the scope and assessment of quantitative methods to take a combination of punitive and compensatory system and improve the system of fine mental damage related to the system.