Research On Judicial Relief Of Rural Water Pollution Tort

At present,in the legal protection of rural water pollution tort relief,although there are legal measures such as legislative norms,administrative supervision and administrative punishment,these measures can not solve the tort consequences caused by rural water pollution incidents well in practice,and judicial relief must be involved to properly handle the tort problems caused by rural water pollution.However,due to the passive characteristics of judicial relief,the villagers’ overall litigation awareness is weak,and it is difficult to bring a lawsuit against rural water pollution infringement,which leads to the lack of judicial relief for rural water pollution infringement.Many infringement disputes caused by rural water pollution incidents have not entered the judicial process,and the villagers’ litigation rights have not been effectively guaranteed by the judiciary,which makes it difficult for villagers to bring a lawsuit against water pollution infringement to safeguard their legitimate rights and interests.Moreover,some legal provisions and judicial relief measures need to be perfected.From the perspective of judicial relief,this paper first expounds the necessity of judicial relief of rural water pollution infringement,then analyzes the problems existing in judicial relief of rural water pollution infringement combined with several cases of rural water pollution infringement,then puts forward corresponding suggestions and measures according to these existing problems.At present,there are some problems in the judicial relief of rural water pollution infringement in China,including: first,from the perspective of infringing subjects,it is difficult for individual rights subjects to claim compensation,too few compensation provisions for individual pollution subjects,and problems in the definition of several water pollution compensation subjects;Secondly,from the point of view of responsibility identification,the specific distribution rules of the original defendant’s burden of proof are not clear,the responsibility of eliminating obstruction is not used reasonably,and there is still a lack of scientific and effective environmental damage assessment system;Thirdly,from the point of view of damage compensation,the way of civil compensation for rural water pollution infringement is single,the principle of compensatory compensation can not play the role of legal prevention,and it is difficult to implement the high repair cost of rural water pollution;Fourthly,from the point of view of procedural guarantee,it is difficult for villagers to obtain legal aid in water pollution tort litigation,and there is no professional institution to hear rural water pollution disputes,and the statute of limitations system is not suitable for rural water pollution tort relief.The structure of this paper is divided into four parts except the conclusion: the first part is the introduction part,which mainly expounds the reason of the topic selection,the research significance and the research method of this paper,and generally describes the literature review;The second part analyzes the necessity of judicial relief of rural water pollution infringement.Firstly,it introduces the present situation and harm of rural water pollution infringement,expounds the characteristics of rural water pollution infringement,then points out the insufficient intervention of judicial relief of rural water pollution infringement,and then explains the great significance of judicial relief of rural water pollution infringement,thus reflecting that judicial relief of rural water pollution infringement is indispensable.The third part is about the problems existing in the judicial relief of rural water pollution infringement.It finds and summarizes some problems existing in the judicial relief of rural water pollution infringement from four different perspectives: infringement subject,liability determination,damage compensation and procedural guarantee,combined with the analysis of relevant rural water pollution infringement cases.The fourth part is based on the national conditions,combined with the actual situation of rural water pollution tort relief,according to the problems existing in the four different aspects of rural water pollution tort judicial relief,such as tort subject,liability determination,damage compensation and procedural guarantee,and puts forward corresponding suggestions and measures to improve the judicial relief system of rural water pollution tort.