环境侵权责任分析-民商法学专业论文.docxVIP

3 调解等问题作了重点论述，并对各种途径进行了比较。再次在事先救济方 式方面，我国应当借鉴其他国家的先进经验，明确设立责任保险制度或环 境损害赔偿基金，引入惩罚性赔偿机制，将赔偿范围应当扩大到人身损害、 财产损害、精神损害等不同方面。当加害人因诉讼程序或是赔偿能力限制 不能或不得补偿受害人时，由保险人或是基金会代为补偿，使受害人的民 事权利尽快得到救济。 关键词：无过错责任 过错责任 民事救济  1 Abstract With the development of Science and Technology, and the rapid growing population, human have made excessive use of natural resources which leads to universal environmental pollution and ecology contamination, since 20th century. Different environmental pollution problems exist in the world, no matter in developed countries or developing countries. Every country has made law and regulations in environmental field to establish its own environmental legal system. At the same time, in order to offer legal support to solve environmental problems, they innovate on their own traditional legal departments. Environmental pollution problem also exists in china. Chinese government likewise enacts a series of environmental laws, such as Environmental Protection Law of the People’s Republic of China, Air Pollution Protection Law of the People’s Republic of China. Otherwise, environmental pollution also is a huge program, which also needs changes on some traditional law departments, for example civil law, criminal law as well. Through renovation and immigration laws from others’ countries, a complete and maturate environmental law system will establish completely. The thesis is made of six parts. At first, the thesis explains the jurisprudential base of environmental torts, involving content, characteristics, and sorts of environmental torts liability. Environmental torts, a special kind of tort, which results in others’ physical and mental property and environmental rights damaged, in the form of pollution and destroyed environment and so on. This character of this sort of tort is accumulative, complicated, and far-ranging. They are these characters that separate environmental torts and traditional civil torts directly. Then, the second part discusses about history of e