Reform And Perfection Of Environmental Tort Liability System In China

Since the second industrial revolution,as a result of the extensive mode of production,the natural environment and the human living environment are threatened and destroyed imperceptibly.Our country has entered a high incidence period of environment accidents.There are many accidents that cause a series of serious problems.For example,atmospheric pollution,water pollution,noise pollution,and so on.The people enhance consciousness of safeguarding their own rights and environment awareness.Though various channels and ways,the people save themselves,to achieve the purpose that they can defend and save right to personal property and restore green ecological environment.Starting from the background of compiling the green civil code,the 18 th CPC National congress carried out the scientific thinking on development and sustainable development in depth.Utilizing the theory of environmental tort liability,comparing the measures and advancing ideas of dealing with environment tort in foreign countries,the people should reviewing the shortcomings for China's environment tort liability system.The key points are using literature analysis,typical case analysis,theory and practice docking,in order to reform the system of environment tort liability.The environmental tort liability system existing the shortage of the corresponding solutions is put forward after analyzing the advantages and disadvantages.The direction of the reform is on the basis of the existing environmental tort law,promoting green,ecology,and its legislation.So people can make it more in line with the concept of sustainable development and joint to protect the lawful rights and interests of the people's target.The perfect aspect is didactically to compensate the system of burden of proof and environmental tort compensation system.Reform and perfection of environmental tort liability system are two rockets in neck and neck,or the two complement each other,or mutual communion.The final purpose is that people's environmental rights and interests safeguard are sook recovery for survival environment and green.This paper studies the reform and improvement of environmental tort liability system from five parts.The first part is mainly the introduction part,which focuses on the background,significance,current research situation and research methods applied in this paper.The second part's emphasis is on the implementation theory and the in-depth analysis of the ecology,jurisprudence and ethics of the reform of environmental tort liability system.The third part is comparative study part,mainly introducing the analysis of the United States,France,Germany,Japan environment tort liability system.And it is combined with the current status of environmental situation and law in our country,absorbing foreign advanced ideas and experience.The fourth part is the question part,which is rooted in our environmental legislation present situation,whether the environment right as a legal rights of the victim,the burden of proof system of causation cognizance,damage compensation scope clear and afterwards relief,such as damages.Part five is to solve the problem part,mainly about aiming at the defects and deficiencies found in the fourth part,proposing the corresponding solution of the solution.