Choice Of Environmental Liability And Sanctions

The theoretical study of environmental law responsibility is not only the important base of environmental law, but also the important part of jurisprudence study. Today, because of more and more serious environmental destroyment, it has very important reality meaning that talking about how to give lead and sanction function of the law standard play to promote law protection and achieve sustainable development of human society. Since the reform and opening-up took place, our environment legislation has been large-scale added, but environmental protection doesn't achieve good results, and the environmental is even getting worse and worse. It is the ultimate reason that our country's environmental law setting is not perfect and the scholar's cognition at environmental law responsibility exists some error. In this paper, the theory study of environmental law responsibility put environmental law responsibility in touch with the ought and discuss the environmental law responsibility setting reason. So it has real and theoretical meaning that studying environmental law responsibility from jurisprudence.The meaning of theoretical study of the environmental law responsibility. The principal meaning is to explain the conception of the environmental law responsibility and the study of environmental law responsibility based on understanding the conception of legal responsibility. The paper considers environmental legal responsibility as a kind of necessity, which is a kind of deal and a standard to judge whether the author of the injury should be charged with the disadvantageous consequence, made by social concept. The actual meaning of the study of this paper is to analyze the reason why the law of environmental protection is so weak as to result in some company preferring breaking the law to blow-off and handing in amercement to start the facilities to prevent the pollution. We hope to solve the phenomenon that illegal act costs lowly and keeping law costs highly in the field of environment protection theoretically. The theoretical meaning of the research of this test is to assign environmental risk by the legislative setting of environmental responsibility. In the environmental risks, poverty brings in more risks, but solid man can buy security or get rid of risks, the unfair of economic interest leads to the unfair of environment risks.The legislation situation of environmental laws responsibility of our county and the theory researches about environmental law responsibility in academic circles. The law-making stipulation towards environmental laws responsibility of our country, mainly contains environmental protection laws and some regulations of every departments. Generally speaking, the legislation insignificance of environment law responsibility of our county in current stage, is mainly respected in policy direction of developing economic preferentially, the principal body of responsibility not clear, the power of environment protection administration weak, and environment criminal responsibility insufficient. The research towards environment laws responsibility in academic circles concentrates on punishment manner of environment protection and responsibility constitution important parts, but don't research on environment laws responsibility itself yet.General law responsibility theory. In this chapter, mainly analyzing the concept, essence of law responsibility and the purpose of law responsibility enactment, and analyzing disadvantageous result of enactment purpose in researching the purpose of law responsibility enactment. Through analyzing, this article believe that the prime purpose of law responsibility is in prompting doer abide by obligation, keep away their action which carry out damages to other people.Theory of environmental law responsibility. This chapter first argues that environmental law responsibility is a comprehensive responsibility, through comparison with civil, administrative and criminal responsibilities. Second it analyzes the characteristics of environmental torts from the point of acts, manners and consequences of environmental torts. Furthermore the particularity of environmental torts determines the particularity of the objective of establishing environmental law responsibility. Subsequently, this paper argues that the essence of environmental law responsibility is the distaste of the society for infringing upon the environment and their consensus on the adverse consequences of the infringement. On the basis of the discussion on its essence, this paper analyzes that the objective of establishing environmental law responsibility is to prevent infringement and give punishment and compensation. At last, this paper analyzes the establishment and forms of the adverse consequences of environmental law responsibility as well as the subject of environmental law responsibility.Reflection on the establishment of environmental law responsibility in China. This chapter reflects on the environmental law responsibility in China both in theory and in practice. Chinese scholars of environmental law believe that environmental right is the theory basis of environmental law responsibility and that it can prevent environmental infringement and guarantee the quality of environment through environmental right litigation. This paper holds that the theory basis is environmental law obligation instead of environmental right through analysis of environmental right, because obligation serves as the foundation of taking responsibility. As to the practice of environmental law responsibility, I take the issue whether China shall strengthen the use of penalty in environmental law responsibility as main objects of analysis, and conclude that China should develop other forms of environmental law responsibility as well, while strengthening penal approaches.