On The Application Of The Apology In The Civil Liability Of The Environment

Apology is one of the ways of civil liability.Environmental law does not specify whether it can be a way to undertake environmental tort liability.The way of tort liability is related to the plaintiff’s litigation request and how the court decide according to the relevant provisions,which is an important topic in environmental law.In judicial practice,the court hears the cases of environmental tort liability,which is mainly based on the two judicial interpretations issued by the Supreme People’s court in 2015.The Supreme People’s Procuratorate has issued a method of implementation,which stipulates that the apology can be applied in the case of environmental public interest litigation.But in judicial practice,when courts deal with environmental tort cases,there are different support for plaintiff’s request for apology.Therefore,the discussion of the apology system is of greatreality and practical significance.The main protection of "apology" in civil law is the rights and interests of personality rights and spiritual property rights.In environmental tort litigation,the legal benefit of the infringement is the environment itself,and there is no "right of personality".The application of apology in environmental tort litigation will encounter theoretical obstacles.I believe that apology can be used as a way to undertake environmental tort liability,which is applicable to environmental tort liability disputes.In the specific application,we should draw on the legislation and judicial practice at home and abroad,refer to the general theory of the civil and environmental law circles,take into account the particularity of environmental tort,and make clear the following three points: the infringing person’s fault should not constitute the constitutive requirements of the liability of apology;the subject of the request is a natural person,the people’s Procuratorate and the social organization,and the public should be given to the public in the environmental public interest litigation.Made in an open manner.