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1、 II Abstract Ecological damage has become a major and universal problem encountered by humankind, and it also gained much attention from experts and scholars worldwide. While exploring economic, political, scientific and technological solutions to the issue, we find that legal means will undoubtedly
2、 play a very important role. The ecological damage to the environment infringement refers to the physical damage to the ecological environment caused by peoples actions, and thus causes degradation of regional environment and degeneration of ecological functions as a result of the interactions among
3、 the environment components and functions. The tort liability of ecological damage to the environment, as one kind of environmental tort liability, is different from traditional environmental tort liability which only regards ecological environment as a “medium” leading to damage of personal or prop
4、erty interests. Nowadays, our country is still in the initial stage both in legislation and in theoretical research concerning tort liability of ecological damage to the environment. In his paper, around the topic of the tort liability of ecological damage, the author conducts an in-depth research a
5、nd discussion on the concepts, theories, cases and legislation of ecological damage to the environment infringement through various methods, such as historical analysis, comparative analysis, case analysis, type analysis and systematic analysis, and presents some views and opinions for the purpose o
6、f perfecting Chinas environmental tort system for ecological damage. This paper includes six parts: introduction, overview of ecological harm environment tort liability, foreign ecological environment damage liability practice, structure of tort liability of ecological environment damage, the approa
7、ch to perfect the system of tort liability of ecological damage to the environment and conclusion. The first chapter is an overview of the tort liability of ecological environment damage. As a basis to the whole paper, the author defines and analyzes the related theories of tort liability of ecologi
8、cal environment damage, including the concept, characteristics, forms of tort liability of ecological environment damage, and the necessity of placing a research as well. The second chapter is a comparative analysis on foreign mature liability system and legal norms concerning ecological environment
9、 damage infringement, including the introduction to the system of the practice of environment infringement of ecological damage of the United States, Russia and the European Union, in order to provide a reference for our country to improve the ecological environment tort system. The third chapter in
10、troduces the structure of tort liability of ecological environment damage. It mainly introduces the differences between tort liability of ecological environment damage and III the traditional environmental tort liability in aspects like imputation principles, constitutive requirements, and reasons o
11、f impunity. The fourth chapter presents how to perfect our countrys ecological environment damage tort system, including the following three aspects: strengthening and perfecting our countrys ecological environment damage tort liability legislation, establishing supervision mechanism of ecological e
12、nvironment damage tort liability, and establishing socialized filling mechanism of ecological environment damage tort liability. Keywords: ecological damage; environmental tort liability; system consummation IV 目录目录 中文摘要 . I ABSTRACT . II 目录 . IV 导论 . 1 1. 选题的背景 . 1 2. 选题的目的 . 1 3. 选题的意义 . 1 4. 研究现状 . 2 5. 研究重点、难点和主要创新点 . 2 第一章 生态损害侵权责任概述 . 4 1.1 生态损害侵权 . 4 1.1.1 生态损害侵权的概念 . 4 1.1.2 生态损害侵权的特征 . 5 1.1.3 生态损害侵权的表现形式 . 6 1.2 生态损害侵权责任 . 6 1.2.1 生态损害侵权责任的概念 . 6 1.2.2 生态损害侵权责任的特征 . 7 1.3 研究生态损害侵权责任的理论基础 . 7 1.3.1 环境伦理学角度 . 7 1.3.2 环境保护法角度 . 9 第二章 美国、俄罗斯及欧盟的生态损害侵权责任制度介绍 .
