Construction of the Legal Remedy System for Environmental Tort——Comments on Article 64 of the Newly Revised Environmental Protection Law

Article 64 of the newly revised Environmental Protection Law in 2014 establishes the liability rules about environmental pollution and ecological destruction,which directly points to the relevant provisions that apply to the Tort Liability Act.Based on this article,the legal remedy system for environmental tort was analyzed.It was found that there exist some aspects hard to coordinate between the Environmental Protection Law and the Tort Liability Act,which are mainly on the mismatch of adjustment ranges. Moreover, environmental tort is characterized by both public and private interest,and the ways to afford liabilities should also be innovated and expanded.Therefore,it may be inappropriate to fully put the contents about the liabilities for environmental tort into the Tort Liability Act by directly applying the mutatis mutandis rules in the Environmental Protection Law.In constructing the legal remedy system for environmental tort,environmental legislation should be strengthened,the logical relationship between environmental pollution tort and ecological destruction tort should be straightened out,and the contents of environmental public welfare should be refined so as tocoordinate the environmental protection law and the tort liability law,thus solving the problems caused by legislative defects.