On The Perfection Of Environmental Tort Liability System Under The Background Of Civil Code

In recent years,some areas of China have suffered serious ecological damage,such as dust pollution in Hainan,mangrove destruction in Beihai,Guangxi,grassland destruction by Hulunbeir open-pit mining,etc.with the increasing problems of environmental infringement and the increasingly serious situation of environmental pollution,improving the environmental tort liability system has become an extremely important task in sustainable development,which is urgent.Under the background of increasingly severe environmental pollution,China’s current laws and regulations,mainly based on the civil code,actively respond to this problem.However,due to the characteristics of various forms,various types,long duration and wide range of influence of environmental pollution,it is more or less different from other tort acts.At present,China’s current laws and regulations are difficult to fully adapt to the laws and regulations of environmental pollution and ecological damage.Based on this background,this paper will use a variety of methods such as comparative analysis and empirical research to study from four parts: overview of environmental tort liability system,analysis of core legal issues,research on extraterritorial legislation and improvement of legal system.The first part of this paper is an overview of the environmental tort liability system.Starting from the concept of environmental tort liability system,this paper expounds the specific connotation of environmental right,environmental tort and environmental tort liability system,introduces and combs the evolution of China’s tort law,summarizes the development status of China’s current environmental tort liability system.The second part explains the shortcomings of China’s current environmental tort liability system through the problems existing in the liability identification,general damage compensation liability,punitive compensation liability and ecological restoration liability system,and further explains the necessity and importance of perfecting China’s environmental tort liability through the analysis of the problems.The third part first combs and analyzes the current situation of extraterritorial legislation on environmental tort liability and compares it,and then puts forward the advanced legislative experience that can be used for reference for our country,in order to make our country based on our national conditions and learn from the advanced legislative experience abroad to improve our environmental tort liability system.Based on the analysis of the first three parts,the fourth part attempts to provide solutions to the problems raised in the second part,and puts forward specific suggestions on the improvement of the environmental tort liability system from four aspects: the improvement of the rules for the identification of environmental tort liability,the optimization of the general damages liability system,the improvement of the punitive damages system and the improvement of the ecological restoration liability system.