环境侵权民事责任的社会化构建-法律专业论文.docxVIP

IV IV the United States, Japan and the European Union, the United States establish more complete reaction mechanism of hazardous waste, liability for environmental damage mechanism based on the Superfund Law, and the Japan formation based on provisions of the constitution , integrated environment for the Basic Law, supplemented by other relevant departments Law, complete system consisting of including pollution control, nature conservation, environmental disputes and damage relief, environmental management organizations and other elements of the environmental laws, regulations, systems and environmental standards. Even in the European Union, Germany, France and Sweden as typical are established a broad-based social security compensation mechanism be feasible and inevitable trend, which is the main ways of the relief system of environmental tort liability in social. The third part discusses the status and problems of environmental tort liability in China, and there is no specific legislation, its legal basis mainly is achieved through civil law, the basic legal environment and a number of environmental expertise matching laws. And the means of environmental tort relief lack of independent legal support, in addition to their own reconciliation between the parties, mediation for the executive, decision or initiate civil and administrative proceedings. It analysis that Chinas existing laws basically strengthen the administrative control of the basic center for environmental tort liability, which should be belong to civil damages attributable to the mechanism, and its specification is relatively simple and general, this legal relief system will inevitably lead to a lag of victims to seek redress and compensation. It explains the necessity and urgency to introduce of the new liability regime of environmental tort. The fourth part is to establish and improve Chinas Specific systems of the environmental tort liability in social that learning from the relief system of devel