Research On The Application Of Imputation Principle Of Environmental Pollution Tort

The application of the principle of no-fault liability for environmental pollution tort liability has been controversial in our country,and the chaos of legislation has become a longterm problem.In recent years,courts have increased the number of cases in support of compliance defense judgments,making the application of the environmental pollution tort attribution principle even more doubtful.The application of the environmental pollution tort attribution principle needs to be clarified and aroused great discussion in the academic community.Many academics think that the environmentally infringing unilateral liability system has failed to meet the infringement remedies required for environmental pollution problems,and have begun to advocate dualism or pluralism.The current doctrines are mostly based on causes and behaviors,and according to the type of pollution that may cause damage to the environment.Imputation is applied by type,and this behavior path still cannot cope with the complicated situation in practice.In this case,you can start from the result path,switch to the "damage" perspective,and use dynamic system theory to solve the problem of the application of the principle of liability for environmental infringement.Chinese tort law has adopted a model of protection of rights and interests in the substantive sense.For rights,its protection level is high enough to trigger the liability protection mechanism of tort law.No matter whether the polluter is at fault,it cannot affect the tort.For the establishment of liability,no-fault liability applies;for the interests(pure mental damage,pure economic loss),its protection level is low,which is not enough to meet the rights protection standards of tort law.At this time,the introduction of fault elements is required to fault.The high satisfaction of the requirements “reinforces” the low satisfaction of the damage requirements,forming a flexible evaluation framework internally.At this time,the appearance of the infringement has changed,and the involvement of the fault conditions makes the principle of liability for environmental pollution torts complete.The conversion from no fault to fault attribution.Other types of special infringements are based on the premise of damage to absolute rights,have reached the threshold of protection of rights and are naturally applicable without fault attribution,do not require the intervention of fault elements,and the definition of fault elements is not supported by protective norms.There is no interaction space at fault level,and the theoretical framework of dynamic system theory is not appropriate.Environmental special infringement through the expansion of the protection of interests in justice,combined with the functional attributes of environmental control standards,the application of dynamic system theory is of typical significance,and the application of the environmental pollution tort attribution principle through the dynamic treatment of damage,without fault and fault The dual approach of combining principles can achieve more detailed and more extensive protection of the infringed rights and interests.