Research On Environmental Infringement In China

With the sustainable development of our country's economy,the side effects of the economic development also emerged,such as low utilization rate of resources,environmental pollution,ecological destruction and other issues.However,the consciousness of people to protect their own benefits is increasing.Thus there come the intensified contradictions,which brought in the opportunity of the lawful governance of environmental problems in accordance with the system of environmental tort as one of important content.Based on the overview of system of environmental tort,and to explore the connotation of environmental tort and differences of general torts,there were three difficult issues discussed in the thesis.Firstly,who will cause and how to defense against the environment infringement.The author believes that to solve this problem,it is necessary to have theoretical discussions on litigation subject qualification of the environmental public interest,legal form and incentive mechanism,which help to put forward the concrete methods to solve practical problems.Secondly,how to punish environmental infringement.From the perspective of the other country's theory and practice,this article probes into the ways of punitive damages of the environment tort liability,which theoretically demonstrates the necessity of punitive damages and applicable principles.On this basis,the detailed punitive compensation amount and distribution of responsibility were discussed in the thesis.Thirdly,how to deal with major environmental tort.To begin with,the rationality of social relief on major environmental tort problems was discussed;then its necessity of social relief;finally the author tries to build the relief system of environmental tort in our country,in which the system of liability insurance of environmental tort and environmental pollution damage compensation fund system were mainly discussed.