Application Of Environmental Quality Standards In Environmental Pollution Infringement Liability

As a regulatory norm,environmental quality standards can be applied to environmental pollution tort liability in a transformational way.In pollution infringement,environmental quality standards provide a standard for the polluters to follow with their professional judgment,which is conducive to the polluters to make a judgment on pollution risk beforehand.The application of environmental quality standards in environmental pollution infringement liability is conducive to controlling environmental risks and preventing and controlling environmental pollution.Therefore,the judicial organs and environmental management organs should implement environmental quality standards together.In order to analyze the application of environmental quality standards in environmental pollution tort liability,this paper first discusses the application of environmental quality standards in environmental pollution tort liability from four aspects: the basic theory of environmental quality standards,the legal nature of environmental quality standards,the connection between environmental pollution tort liability and environmental quality standards,and the value of environmental quality standards in environmental pollution tort liability.As a technical norm,environmental quality standards are legally compulsory after being invoked.In the judicial practice of pollution infringement,environmental quality standards can enhance the predictability of pollution infringement,provide professional judgment for the liability of environmental pollution infringement,and guarantee the environmental safety of our country.Secondly,this paper discusses the application status of environmental quality standards in environmental pollution tort liability from two aspects: the current provisions on the application of environmental quality standards in environmental pollution tort liability and the practical status of the application of environmental quality standards in environmental pollution tort liability.At present,environmental quality standards play an important role in the determination of pollution tort liability.The reference index values in environmental quality standards can provide scientific proof of the negative environmental impact caused by pollutant discharge.In energy-based pollution,judges will consider the existence of presumptive damage results by applying environmental quality standards.As a scientific document,environmental quality standards can provide proof of causality.Finally,the main problems faced by the application of environmental quality standards in environmental pollution tort liability are analyzed,and the countermeasures to improve the application of environmental quality standards in environmental pollution tort liability are put forward.At present,there is no basis for applying environmental quality standards in environmental pollution tort liability,so the basis for applying environmental quality standards to environmental pollution tort liability should be clarified;the application of environmental quality standards in environmental pollution tort liability is confused,and the application mode of environmental quality standards in environmental pollution tort liability should be determined;and the applicable rules of environmental quality standards in environmental pollution tort liability should be defined.In the absence of such a standard,the applicable rules of environmental quality standards in tort liability for environmental pollution should be improved;when individual environmental quality standards cannot accurately define legal pollution,judicial review of environmental quality standards should be allowed.